Tke 

Sig  Lipman  Memorial  Library 

JtUMy  1942 

Doaatad  tj   Culver  Citj  iux* 
jof  JB  hial  3J  rith  ia  memory  of 
Sadie  Sophier  »  honoriag 
Bose  Meyers* 

UNIVERSITY    RELIGIOUS 
CONFERENCE      HOUSE 

WESTWOOD 


'mk,  iwi  jfti  mk.  iffte  imi;  iSfte  iJiK  ijjK  iws 


Juo/fl/^^ 


DATS  DUE 

DATS  RETURNED 

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RABBI  J.  L.  KADUSHIN 


iDSB^on  ]vr\ 


JEWISH  CODE  OF  JURISPRUDENCE 

ELEMENTS    OF    THE 

TALMUDICAL,  COMMERCIAL  and  CRIMINAL 

LAW 


BY 

RABBI  J.   L.  KADUSHIN 

NEW  YORK 


u'^nni  cms 

PART  I. 
Published  by   the  Author 


COPYRIGHT  1915 
By  the  Author 


SRLF 


dc 


/• 


APPEAL  TO  THE  READER. 

The  Lord  created  the  earth  and  everything  therein,  and 
after  he  was  done  he  created  Adam  and  Eve  and  their  chil- 
dren. There  was  one  language  until  the  flood.  After  this 
the  people  were  divided  and  everybody  spoke  a  different 
language.  Each  man  is  different  from  the  other  in  three 
things,  namely,  in  the  face,  in  the  voice  and  in  the  thinking, 
therefore  the  people  are  like  the  fishes.  The  largest  and 
most  powerful  swallow  the  weaker  ones,  thinking  that  they 
are  right  even  if  it  is  a  great  injustice,  therefore  the  Lord 
gave  us  The  Holy  Law  which  teaches  what  is  right  and 
what  is  wrong.  If  we  follow  the  right  path  of  The  Holy 
Law  we  are  saved  from  all  danger  and  sorrow.  The  Holy 
Law  commanded  us  the  following:  Thou  shalt  not  wrest 
the  judgment  of  thy  poor  in  his  cause.  Keep  thyself  fa." 
from  a  false  speech,  and  him  who  hath  been  declared  inno- 
cent and  righteous  thou  shalt  not  slay;  for  I  will  not  justify 
the  wicked. 

.  And  thou  shalt  take  no  bribe,  for  the  bribe  blindeth  the 
clear-sighted,  and  perverteth  the  words  of  the  righteous. 
Neither  shalt  thou  countenance  a  poor  man  in  his  cause. 
(Exodus  XXIII.) 

Judges  and  officers  shalt  thou  appoint  unto  thyself  in  all 
thy  gates,  which  the  Lord  thy  God  giveth  thee,  throughout 
thy  tribes:  and  they  shall  judge  the  people  with  a  judgment. 
Thou  shalt  not  wrest  judgment;  thou  shalt  not  respect  per- 
sons and  thou  shalt  not  take  a  bribe;  for  the  bribe  blindeth 
the  eyes  of  the  wise,  and  perverteth  the  words  of  the  right- 
eous.    Justice,  only  justice,  shalt  thou  pursue;  in  order  that 


3'ou  mayest  live,  and  retain  possession  of  the  land  which  the 
Lord  thy  God  giveth  thee.     (Deuteronomy,  XVII.) 

The  judges  must  consider  a  long  time  before  the  decisions 
are  given.  In  criminal  cases  man's,  the  children's  and  the 
grandchildren's  lives,  depend  upon  the  judges'  truthfulness 
and  honesty.  Even  in  civil  suits  the  Talmud  says  "Be  de- 
liberate in  judgment,  and  be  very  searching  in  the  examma- 
tion  of  witnesses,  and  be  heedful  of  thy  words,  lest  through 
them  they  learn  to  falsify." 

If  he  judges  a  right  judgment  he  brings  peace  on  the 
world  and  he  is  like  a  partner  to  the  Lord  in  the  creation 
of  the  world.  And,  if  he  judges  wrongly  he  is  like  a  robber 
to  the  parties  and  to  the  Lord.  Therefore,  I  found  the 
right  to  publish  for  you  the  book  with  the  name:  "The 
Jewish  Code  of  Jurisprudence."  The  Holy  Law  of  the 
Lord  which  was  given  by  the  dear  teacher  Moses  and  Tal- 
mud, Alfas  Rambam  and  Choshsen  Mischpot. 

The  Law  of  Judges,  Witnesses,  Loans,  Oaths,  Mort- 
gage, Messenger,  Indorser,  Buying  and  Selling,  Hiring 
Laborers,  Employes,  Borrowing,  Accidents,  Murder  Cases, 
Honoring  the  Parents,  Teacher,  Charity,  etc.  Trans- 
lated into  English. 

This  law  is  suitable  for  all  times  and  for  all  places. 
You.  judges  and  lawyers,  I  am  sure  you  will  bring  my 
book  into  your  homes,  and  you  will  study  it  because 
you  will  find  in  there  everything  that  is  right  and 
sensible.  Even  you  private  people,  if  you  study  this  book, 
you  will  be  guarded  in  business  from  all  mistakes  and  all 
misfortunes,  you  will  be  saved  from  all  trials  and  claims  be- 
cause you  will  know  the  law  which  is  like  the  law  of  thic- 
country. 


"He  who  maketh  peace  in  His  high  places  may  He  make 
peace  for  us  and  for  all  the  world." 

The  question  of  p^eace  is  a  current  topic  to-day,  brought 
to  our  attention  more  strong-y  because  of  the  great  war 
which  is  now  raging  in  some  countries  of  the  world.  If 
people  could  only  appreciate  the  value  of  peace  and  the  ad- 
vantage of  abritration  this  wasteful  bloodshed  would  never 
occur. 

It  is  my  earnest  prayer  that  this  terrible  war  may  soon 
end  and  that  it  may  be  the  last  this  world  will  ever  witness. 

In  the  name  of  the  Lord  who  giveth  wisdom  to  the  wise 
and  knowledge  to  the  understanding,  I  pray  and  I  hope  that 
He  will  guard  me  from  all  mistakes,  and  that  I  will  find 
good  grace  in  His  eyes  and  in  the  eyes  of  all  mankind. 
I  pray  for  this  country,  O  Lord,  and  save  us  from  all  sorrow 
and  danger.  Protect  and  guard  our  glorious  land,  the 
United  States,  our  honorable  president,  his  cabinet  and  offi- 
cials and  our  noble  army  and  navy,  bless  them  with  health 
and  prosperity  so  that  they  may  prosper  in  everything  that 
they  may  undertake.  In  all  our  days  let  us  have  the  prophet 
Isaiah's  blessing  (Chapter  II),  namely,  that  swords  shall 
be  beaten  unto  ploughshares,  that  nations  shall  not  lift  up 
swords  against  nations,  that  the  wolf  shall  dwell  with  the 
sheep,  that  leopards  shall  lay  down  with  the  kid  and  the 
calf,  so  that  a  young  lion  and  a  small  boy  shall  lead  them. 
Amen. 

As  Editor  of  the  "Jewish  Code  of  Jurisprudence"  I  voice 
expressions  of  gratitude  and  appreciation  to  ex-President 
Taft,  Prof.  H.  Stone,  Dean  of  the  Columbia  Law  School, 
Prof.  Schechter,  President  of  the  Jewish  Theological 
Seminary  and  all  those  who  have  encouraged  me  in  my 
labors, 

;  Editor. 


TABLE   OF  CONTENTS 

PART  I. 

Qualification  of  Judges. 

.  Page 

Sec.       1-19     Who    is    qualified    to    be    a    Judge.      (2)    In    self- 
defence     12 

19  Power   of  Judge   to    dismiss   case 13 

20  Use  of  common   sense  in   decisions 13 

21  Arbitration  must  be  advised  before   litigation....  13 
23           Entire  procedure  allowed  in  writing  by  agreement 

of   both    litigants 14 

27-33     Power  of  Judge  to   grant  time   for  collecting  evi- 
dence      15 

"       33-3i     Impartiality     19 

39           Evidence   allowed   through   an    interpreter 17 

43           Amount  of  damages 21 

45  Verdict  of  Judges  according  to  majority 18 

46  Jury  verdict  must  be  unanimous 18 

51  Evidence   contrary  to  law  admitted  on  agreement 

of    litigants    22 

63           Contempt   of   court   officials 21 

Laws  of  Witnesses. 

Chapter  28-39    21 

Sec.     64           Only  actual  knowledge  admitted.      No   conjecture  2r 

70           Testimony  must  be  given  in  presence  of  defendant  25 

71-72     Absence    of   defendant   allowed 22 

72           Evidence  from  other  jurisdiction 22 

76  Witness    not    examined    in    presence    of    another 
witness     23 

77  Testimony  void  when  two  witnesses  use  identical 
expression     23 

80  No    testimony    taken    at    night 23 

81  Re-examination    of    witness    for    plaintiffs    absent 
during  taking  of  first   testimony 23 

83  Withdrawal    of    testimony 24 

84  Liability  of  witnesses   for   self-confessed   perjury.  24 
85-103  Combination     of    testimony 24 

104           Hiring  false  witnesses    28 

106-125  Testimony    of    relatives    28-34 

125-140  Ineligibility    of    witnesses    for    sins 32 

140-161   Ineligibility  of  witnesses  for  other  reasons 33 

161-162  Conflicting    evidence    35 

Law  of  Loans. 

Sec.  163-175  Kinds  of  property  open  to  attachment 36 

176-181  Deterioration   of  valuable   paper 38-39 

182-204  Language   and   appearance   of  note 39-44 

Chap.     46           Validity    of    Note 44 

47           Testimony   of   Creditor    44 

"         48           Cancellation   of   Note 45 


Page 

"          so          Note  payable  to  bearer 45 

"          52           Interest  on  note  invalidates  it 45 

"          53           Change   notes   at   request   of  creditor 46 

"          54           Loss  of  note • 46 

"          56           Referee    in   trust 46 

Law  of  Property  Not  Yet  in  Possession. 

Chap.     60           Promises    4^ 

Section     2     Attachment  on  moveable  property 48 

"         10     Rights   of   wife    to   property 49 

Chap.     61                50 

Section     1-5     Recorded    notes    50 

Chap.     62  Rights    of    Heir   who    conducts    the    business    of 

deceased 5i 

"          64           Debts   claimed   by  bailee 5- 

■'  65  Doubts    of   bailee    as    to    owner    of    note    in    his 

possession     52 

"          66           Transfer  and  sale  of  notes 53 

"          70           Payment  of  loan  borrowed  before  witnesses....  54 

"          71            Stipulation  for  trust  during  draft  of  note 55 

"          72           Use  of  pledge  and  responsibility 55 

"          7^           Time    for    payment    not    expressed 56 

"          74           Place  where  note  can  be  collected 59 

Section     2     Payment    in    installments 59 

■'           3     Redemption  of  one-half  of  mortgage 59 

"          75           Confession   to   half   debt 59 

Section     2     Tender's   denial   of  debt 59 

"          76           Confusion    of    two    debts 60 

"          77           Collection    from    partners 60 

"          86           The  collection  from  the  debts  of  the  borrower.  .  62 

"          89           The  claimant  who  swears  and  receives  money..  62 

Section     8     When  a  man  gives  a  bag  for  storage 63 

"'  91  If  the  employer  said  to  the  storekeeper  in   the 

presence  of  the  employee:     "Pay  for  me."....  64 

Section     5     If  woman  goes  in  the  store  for  an  order 64 

"          92           Any  person  whose  oath  is  not  trustworthy 65 

"  93  The  following  person  can  be  given  an  oath  even 

if  the  claimant  is  not  absolutely  certain 66 

Section     17     If  one   partner   sells   goods   on   credit 69 

"  94  When   the    respondent   takes   an    oath    then   the 

claimant    may    impose    further    money    claims 

upon    this    oath  .  .  .-. 70 

"  95  Only  light   oaths   may  be   imposed   upon   claims 

of  land  or  notes 70 

"          97           It  is  forbidden   to  oppress  poor  for  debts 70 

Section     6     Which  way  to  take  a  pledge  and  the  different 

laws  for  the  surety  man 71 

"         21     If  a  wife  borrows   money 7^^ 

"         23     From  removable  or  not  removable  can  collect 

and  how  much  must  be  left  him  for  his  living  7^^ 
"        117           If  a  man  made  a  mortgage  of  house  and  after- 
wards sold  the  house 7;^ 


Page 

Section     5     A  mortgage  of  removable  property 74 

"        120,         If  the  lender  demands  his  debt  and  the  borrower 
throws    the    money    in    his    presence    and    the 

money   gets    lost    74 

"        T2r  If  the  borrower  by  written  order  of  the  lender 

sends  the  money  and  after  it  gets  lost ".  ^"^ 

"        \2()           The  transaction   of  the  three  parties 76 

"         127           If  a  husband  borrows  money  from  his  wife....  yg 
12S           If  a  man  pays  the  debts  without  the  permission 

of    the    borrower 70 

■'        T29-132  Laws    of    surety 80-82 

176-177  Laws   of   partnership 84 

"         182-187  Laws   of  messenger  or   taking  goods   on   memo- 
randum       97 

Buying   and   selling 98-104 

"        227-241   Law  of  business  fraud 105 

"        241-259  Laws    of   presents    given   by   health}'    or   ill    per- 
sons    118-127 

"        259-271   Lost   and   found 127-128 

"        272           Unload    and    reload 134 

"        307           Four   kinds   of   watchmen 137 

"  ^     308-315   Specific   terms   in   contract 139-142 

"        315            Law   of  restricting  use   of   property T47 

■'        316-318  Lease     148 

"        319           Trespassing     149 

"        33^-3?i7  Law  of  hiring  laborer? 150 

"        337  Laborers    allowed    to    partake    of    products    of 

their  work    157 

"        338           ^Muzzling    animals     159 

"        339           \\'ithholding   wages    t6o 

'"        349-360  Larceny  and  return  of  stolen  goods 162 

"        360           Robbery    166 

378           Torts    168 

"        240  ("Translation     from     Yorah     Deah)      Honor     to 

Parents    172 

■'        242           Honor  to  teacher 174 

243           Honor    to    Judges     175 

"        245           Parents'  duty  to  teach  their  children 176 

"        246           Duty  to  study  and  help  poor  students 177 

"        249           Charity   178 

Criminal  Law  (From  Maimonides) 

"        252           Release  man   from   captivit\'.- 182 

1  Liability  for  murder 184 

2  Number  of  judges  for  decision 185 

3  Necessity  of  prisoner's   presence Sec.  T2 

14     Ljmching — When  permitted  and  when  not  permitted t86 

21      Hiring  murderers   ■•  Sec.  21 

28  Procedure   and   evidence 187 

29  Pregnant  women    Sec.     33 

30  Dispose  of  bodies  of  executed  murderers Sec.     34 

31  Mildness  toward  accused Sec.     38 

32  Sacrifice  of  individual  for  good  of  public Sec.     39 


LAWS  QUALIFYING  JUDGES. 

L  If  one  is  an  expert;  that  is,  the  pubHc  has  accepted 
him  as  competent  to  judge,  he  may  render  decisions  in  civil 
suits  himself,  but  it  is  preferable  that  he  should  have  several 
other  wise  men  associated  v\dth  him  in  a  case,  because  judg- 
ment will  consequently  be  more  correct. 

2.  One  may  act  as  judge  himself  at  times.  As  for  in- 
stance, a  man  who  sees  his  stolen  property  in  the  possession 
of  another  may  take  it  away  by  force  even  if  the  article 
be  not  lost.  If  he  wait  until  he  is  brought  to  a  Court  of  Jus- 
tice it  is  assumed  that  the  plaintiff  must  prove  his  charge. 

3.  One  may  retain  as  a  pawn  for  a  loan  an  article  en- 
trusted to  his  care  or  any  article  belonging  to  the  borrower 
found  in  the  possession  of  an  unconcerned  party,  but  the 
lender  may  not  take  such  an  article  by  force  from  the  bor- 
rower himself. 

4.  No  trial  may  be  held  on  the  Sabbath  or  the  holiday. 

5.  No  trial  may  be*  held  at  night,  but  a  trial  may  be  con- 
tinued at  night  if  it  has  been  begun  during  the  day. 

6.  One  who  is  totally  blind  may  not  be  a  judge. 

7.  One  must  be  at  least  eighteen  years  of  age  to  be  eligible 
for  a  judgeship. 

8.  One  who  is  in  a  state  of  intoxication  may  not  be  a 
judge. 

9.  No  woman  may  be  a  judge. 


12  JEWISH     CODE    OF    JURISPRUDENCE 

10.  One  who  testifies  in  a  case  may  not  be  the  judge  in 
the  same  case. 

1  1  a.  One  who  is  either  related  to  or  prejudiced  against 
any  one  of  the  parties  concerned  may  not  be  a  judge  in 
that  case. 

1  1  b.  A  judge  must  be  impartial  to  both  sides.  No  per- 
sons who  are  related  or  unfriendly  to  one  another  may 
act  as  associate  judges  in  the  same  case. 

12.  No  person  may  be  a  judge  in  a  trial  in  which  his  in- 
terests may  be  benefited. 

13.  A  judge  should  possess  these  seven  qualifications: 
wisdom,  modesty,  uprightness,  contempt  for  money,  love  of 
truth,  popularity,  and  a  good  reputation. 

1  4.  While  on  duty,  judges  should  maintain  themselves  in 
a  manner  that  will  inspire  respect.  They  must  be  robed  in 
fine  garments.  They  must  know  for  whom  and  in  whose 
stead  they  judge.  They  must  know  that  if  they  deliberately 
render  a  wrong  decision  in  a  money  case,  they  are  as  despic- 
able as  murderers.  If,  however,  they  render  judgment  aright, 
they  are  as  partners  to  God  in  the  creation  of  the  world, 
because  they  bring  peace  between  God  and  humanity. 

15.  A  judge  must  not  disgrace  himself  in  the  eyes  of 
the  people.  He  must  not  do  any  manual  labor,  eat  or 
drink  in  the  presence  of  strange  people. 

1 6.  A  court  messenger  should  not  be  insulted.  The 
judge  may  punish  an  offender  of  this  sort  by  flagellation, 
even  if  there  are  no  witnesses.  The  messenger  himself  is 
equivalent  to  two  witnesses  in  order  to  excommunicate  such 
an  offender. 


QUALIFICATION   OF   JUDGES — Qiap.  4-8  1 3 

1  7.  A  judge  must  be  extremely  careful  not  to  accept  a 
bribe,  even  to  justify  the  just.  If  a  judge  has  accepted  a 
loan,  he  must  return  it  on  request.  JK  judge  may  not  even 
accept  a  flattering  remark.  If  a  judge  has  borrowed  any- 
thing from  one  of  the  parties  concerned  in  a  case,  he  may 
not  be  the  judge  at  that  trial. 

18.  If  one  of  the  parties  has  made  a  gift  to  the  judge 
before  a  trial,  the  judge  may  not  preside  at  that  suit. 

19.  If  a  judge  perceives  that  untrue  things  are  bemg 
stated  at  a  trial,  but  is  nevertheless  unable  to  disprove  the 
witnesses  or  the  evidence,  he  should  not  decide  the  case,  say- 
ing, "Let  the  responsibility  of  the  falsehood  fall  upon  the 
witnesses."  He  must  inquire  into  the  matter  very  carefully, 
that  he  may  detect  the  truth.  If,  after  all  exertions,  the 
judge  cannot  find  anything  wrong,  but  is  still  convinced  that 
the  trial  is  merely  a  collusion,  he  may  issue  a  writ  to  the 
defendant  by  virtue  of  which  no  court  may  take  the  case  into 
consideration.  If  the  defendant  is  the  deceiver,  the  judge 
may  order  the  defendant  to  pay  immediately.  The  judge 
may  make  him  give  an  oath,  if  he  believes  that  the  defendant 
may  confess  through  it,  although  the  law  may  not  require 
any  oath. 

20.  A  judge  may  render  judgment  according  to  his  good 
understanding,  even  if  there  is  no  evidence  or  if  the  evi- 
dence comes  from  an  honest  man,  but  who  is  illegitimate 
according  to  the  Bible,  the  judge  must  be  free  from  any 
suspicion. 

21.  Before  sentence  is  pronounced,  the  judge  must  ask 
the  two  parties  concerned  whether  they  prefer  arbitration  or 
a  court  decision.     He  may  even  use  his  influence  for  an  ar- 


14  JEWISH     CODE    OF    JURISPRUDENCE 

bitration  end.     If  the  two  parties  come  to  an  understanding, 
they  must  make  a  ceremony  of  agreement  to  that  efFect. 

22.  If  new  evidence  is  later  found,  such  an  arbitration 
may  be  annulled. 

23.  The  pleas  of  the  two  parties  in  a  case  must  be  per- 
sonally delivered  before  the  judge  and  may  be  written  down 
later.  If  the  two  parties,  however,  agree  to  submit  their 
claims  in  writing,  it  is  permissible  after  their  written  state- 
ments have  been  sent  to  the  judge,  no  changes  may  be  made 
therein. 

24.  If  the  judge  understands  that  the  case  is  that  one 
robs  the  other  and  the  robber  will  not  be  able  to  return 
the  robbery,  the  judge  is  allowed  to  excommunicate  him. 
If  the  robber  is  a  woman,  the  judge  may  order  that  no  one 
marry  her  until  the  claim  be  returned. 

25.  He  who  comes  to  court  first  must  receive  attention 
first.  Exceptions:  An  orphan  must  be  attended  before  a 
widow,  a  widow  before  a  learned  man,  a  learned  man 
before  an  uneducated  man,  and  a  woman  before  a  man. 

26.  A  party  in  a  case  may  be  granted  30  days  time,  in 
which  to  bring  his  witnesses,  or  more,  at  the  discretion  of  the 
judge.  If  the  said  party  has  failed  to  produce  said  wit- 
nesses at  the  expiration  of  the  time  granted,  the  judge  may 
start  the  trial  and  render  him  a  decision.  If  he  brings  the 
witnesses  after  he  can  open  a  new  trial. 

27.  If  the  plaintiff,  in  a  case,  just  before  the  defendant 
takes  the  oath,  asks  for  time  in  which  to  produce  his  wit- 
nesses the  judge  may  grant  him  unlimited  time,  if  the  de- 
fendant's prestige  will  not  be  injured  thereby.  If,  however, 
the  defendant's  prestige  may  have  to  suffer  by  it,  only  30 


QUALIFICATION  OF  JUDGES Chap,  g-12  i^ 

days  may  be  allowed  to  the  plaintiff.  After  the  swearing 
of  the  defendant,  if  the  plaintiff  finds  his  witnesses  he  can 
start  a  new  trial. 

28.  If  the  plaintiff  stated  that  he  lacked  witnesses 
and  the  defendant  swore  and  was  acquitted,  the  plaintiff 
may  not  bring  any  witnesses  afterward. 

29e  If  the  defendant  asks  for  time  in  which  to  bring  wit- 
nesses, the  court  may  refuse  to  comply  if  the  judges  believe 
that  he  merely  wishes  to  delay  the  trial.  But,  if  they  believe 
that  he  needs  time  to  adjust  his  accounts  with  the  plaintiff, 
they  may  grant  him  suitable  time.  If,  however,  the  plain- 
tiff produces  an  agreement,  which  states  that  there  shall  be 
no  delays  in  the  payment,  the  court  may  not  grant  any  time. 

30.  If  one  party  claims  that  it  has  evidence  or  witnesses, 
but  that  it  does  not  know  in  whose  possession  that  evidence 
is,  the  judge  must  issue  a  command  to  the  effect  that  any 
one  who  knows  of  evidence  in  the  case  should  inform  the 
judges  thereof.  Even  the  other  party  in  the  case  must  com- 
municate such  information  to  the  judges. 

31.  If  A  claims  that  there  is  something  in  a  document  of 
B's  to  the  advantage  of  A,  if  he  confesses,  the  court  must 
compel  B  to  show  the  document  to  the  judges.  If  he  denies 
it,  they  cannot  force  B  to  bring  all  of  his  documents  to 
court.  However,  in  case  of  B  being  in  doubt,  the  court 
may  compel  him  to  bring  the  document  into  court. 

32.  If  A  has  a  promissory  note  on  B  and  B  demands 
a  copy  of  it  on  the  ground  that  it  may  be  false,  his  request 
should  be  granted. 

33.  The  judge  must  treat  the  two  parties,  in  a  case, 
with  strict  impartiality,  not  curtailing  one  man's  pleas  with- 


l6  JEWISH     CODE    OF    JURISPRUDENCE 

out  restricting  the  other's  also,  nor  allowing  one  man  to  speak 
longer  than  the  other.  The  judges  should  not  assume  a 
milder  or  sterner  mien  toward  one  of  the  parties  than  to- 
ward the  other ;  they  should  not  permit  one  party  to  sit  and 
the  other  to  stand — they  should  bid  both  parties  either  to 
sit  or  remain  standing.  Parties  to  a  lawsuit  may  be  sitting, 
only  when  they  give  their  pleas,  or  at  any  other  time  that 
the  trial  is  going  on,  except  when  the  verdict  is  pronounced. 
Judges  must  always  be  seated.  Witnesses  may  not  be 
seated  when  they  testify. 

34.  If  several  men  bring  suit  against  one  individual  the 
court  may,  upon  the  defendant's  demand  permit  the  friends 
of  the  defendant  to  sit  beside  him  in  court.  Since  the  plain- 
tiffs are  several  and  the  defendant  only  one  the  latter  may 
become  confused  in  his  evidence.  If  the  several  claimants 
select  a  spokesman  to  act  as  plaintiff  the  defendant  is  not 
allowed  to  have  his  friends  about  him. 

35.  Judges  must  not  hear  the  plea  of  one  party  in  the 
absence  of  the  other  for  he  may  be  influenced.  This  ap- 
plies only  where  a  judge  has  been  appointed  to  try  the 
case.  A  judge  may  try  a  case  although  he  has  heard  the 
plea  of  one  party  in  the  absence  of  the  other  before  he  has 
been  appointed  to  a  case  if  he  has  not  given  his  opinion 
and  both  parties  are  satisfied  with  him. 

36.  A  judge  may  not  take  testimony  through  an  inter- 
preter unless  he  cannot  understand  the  language  of  the  one 
who  testifies. 

37.  A  judge  who  has  pronounced  sentence  and  later  be- 
lieves he  has  been  mistaken,  should  not  sacrifice  his  honest 
belief  for  consistency.  It  is  his  duty  to  recall  the  parties 
involved  and  pronounce  justice  anew  to  them.     It  is  better 


QUALIFICATION  OF  JUDGES — Chap.    1 3  \J 

to  be  disgraced  in  this  world  than  in  the  world  to  come. 
And  yet,  there  is  no  disgrace  in  this,  for  many  great  men 
have  changed  their  minds, 

38.  Judges  must  remain  silent  when  listening  to  the  pleas 
of  both  parties.  They  must  assist  with  words,  but  should 
not  act  as  either  prosecutors  or  defendants  of  either  party  in 
the  case.  If  they  do  not  comprehend  the  pleas  of  either 
party,  they  may  ask  for  an  explanation.  If  the  plaintiff 
brings  one  witness,  the  judges  may  not  explain  that  one  wit- 
ness is  insufficient,  because  the  accused  may  be  led  to  con- 
fess his  debt,  feeling  that  the  case  against  him  is  good.  The 
judges  should  merely  ask  the  other  party  to  answer  on  the 
witness'  testimony.  If  the  other  party  denies  the  truth  of 
the  testimony  or  refuses  to  answer,  or  says  that  one  witness 
can  only  make  him  swear  he  is  innocent  of  the  charge  made, 
the  judge  must  compel  him  to  take  an  oath. 

39.  If  the  judges  feel  that  a  party  in  a  lawsuit  has  a 
good  plea  but  is  unable  to  deliver  it  forcibly  or  has  become 
confused  because  of  either  his  stupidity  or  his  anger,  it  is 
their  duty  to  help  him,  for  the  Torah  requires  them  "to  open 
the  mouth  of  the  dumb."  However,  they  should  be  care- 
ful to  preserve  their  impartiality.  It  is  the  duty  of  judges  to 
plead  for  orphans  who  are  minors  and  act  as  their  parents. 

40.  Judges  should  not  be  lenient  to  the  poor  or  harsh  to 
the  rich.  Neither  should  they  believe  a  pious  man  more 
readily  than  a  wicked  man.  Both  must  be  treated  equally 
and  must  be  regarded  as  honest  after  the  decision  has  been 
given  and  accepted. 

41.  Judges  should  pronounce  sentence  as  soon  as  they 
have  come  to  a  conclusion ;  for  delay  in  rendering  a  decision 
may  cause  undue  pain  and  anxiety  to   a  party  involved. 


l8  JEWISH    CODE    OF    JURISPRUDENCE 

(The   Torah  commands:      "Thou   shall  not  commit   any 
wickedness  m  a  trial.) 

42.  If  one  of  the  parties  in  a  lawsuit  tells  the  other,  in 
the  judges'  presence,  that  the  latter  will  be  found  guilty  for 
an  amount  that  is  excessive,  according  to  law,  the  judges 
must  assert  the  falsity  of  the  statement. 

43.  If  A  claims  a  certain  amount  and  the  judge  finds 
that  according  to  law,  A  can  claim  more,  he  must  render  A 
judgment  only  for  the  amount  of  his  claim. 

44.  After  all  testimony  has  been  heard,  the  three  judges 
remain  alone  in  the  court  room.  Less  experienced  judges 
should  give  their  opinions  first  that  they  may  not  be  in- 
fluenced by  the  opinion  of  the  older  judges.  A  verdict  is 
reached  by  the  decision  of  the  majority.  If  one  judge  de- 
cides "guilty,"  one  "not  guilty,"  and  the  third  says  he  does 
not  know;  or  if  two  decide  one  way  and  one  is  indifferent, 
two  associate  judges  must  be  added.  If  three  of  the  five 
return  a  verdict,  their  decision  is  accepted,  but  in  case  the 
other  two  judges  give  an  opposite  opinion  or  do  not  render 
any  opinion  at  all,  two  associate  judges  must  be  added,  we 
accept  the  judgment  of  the  three  judges,  even  if  two  have 
not  given  an  opinion  and  may  not  be  counted  at  all,  because 
the  trial  has  been  started  with  three  judges  only,  for  the 
general  rule  is  that  a  trial  must  be  finished  with  the  same 
number  of  judges  as  it  was  started  with. 

45.  Judges  may  be  added  to  the  maximum  of  71.  If 
even  then,  a  decision  cannot  be  reached  (35  for,  35  against 
and  one  non-commital),  the  money  remains  in  the  same 
hands  as  before  the  trial. 

46.  In  arbitration,  m  lawsuits  concerning  the  Common- 
wealth, a  unanimous  verdict  is  necessary.      However,   the 


QUALIFICATION  OF  JUDGES — Qiap.    I7-I9  19 

two  parties  may  agree  to  accept  a  majority  verdict.  The 
arbitrators  may  not  add  new  men  in  the  place  of  a  resigned 
member  unless  the  two  parties  in  the  case  consent. 

47.  In  money  cases,  decision  may  be  pronounced  in  the 
absence  of  the  parties  concerned,  as  long  as  they  have 
pleaded  in  person  before  the  judges. 

48.  After  the  judges  reach  a  decision  in  a  case,  they  re- 
turn to  the  courtroom  and  the  chief  justice  pronounces  the 
decision.  The  names  of  the  judges  voting,  either  for  or 
against  a  decision  may  not  be  divulged. 

49.  The  form  of  a  verdict:  "A  has  complained  against 
B  and  the  court  has  found  the  defendant  guilty  (or  not 
guilty,  as  the  case  may  be) .  The  verdict  must  be  signed 
by  all  the  judges  whether  they  agree  with  the  verdict  or 
not. 

50.  If  one  brings  witnesses  after  he  has  been  found  guilty 
the  decision  of  the  court  is  null  and  void,  even  if  that  person 
has  already  paid  the  money  to  the  plaintiff.  This  is  true 
even  if  the  30  days  have  elapsed  which  the  court  has  granted 
him  in  which  to  bring  witnesses.  However,  one  may  not  thus 
bring  witnesses  if,  after  having  been  asked  at  the  trial 
whether  he  had  witnesses,  he  answered  in  the  negative.  If 
he  kept  silent  at  the  time,  he  may  bring  witnesses. 

5 1 .  One  may  introduce  evidence  even  after  answering 
in  the  negative  to  a  question  as  to  whether  he  had  it,  if 
it  be  such  that  he  might  not  have  known  of  it  before,  e.  g., 
evidence  that  came  from  abroad  or  was  found  among  docu- 
ments which  his  father  consigned  to  somebody's  care.  Such 
cases  are  only  possible  if  the  party  concerned  has  at  the 
trial  not  stated  that  he  has  no  evidence  anywhere,  at  home 
or  abroad. 


20  JEWISH     CODE    OF    JURISPRUDENCE 

52.  A  small  orphan  may  bring  witnesses  after  stating 
in  court  that  he  had  none  and  was  found  guilty,  because 
the  affairs  of  his  father  may  not  be  entirely  known  to  him. 

53.  The  two  parties  in  a  lawsuit  may  agree  upon  any 
terms  they  please.  If  one  has  to  swear  in  order  to  get 
money,  or  to  be  free  of  the  charge,  he  may  say  "I  will  come 
to  swear  within  a  certain  time."  If  he  fails  to  appear  at 
that  time,  the  other  party  is  declared  the  winner.  If  he 
who  was  to  swear  did  not  come  because  of  an  accident, 
he  may  come  after  the  appointed  time  and  swear. 

54.  If  one  has  accepted  a  relative  or  an  illegitimate  per- 
son either  as  judge  or  witness,  he  may  not  change  his  mind 
after  the  ceremony  of  agreement  has  been  made,  whether  he 
be  plaintiff  or  defendant.  If  no  ceremony  of  agreement 
has  been  made  he  may  change  his  mind  at  any  time  before 
the  decision  has  been  passed  (in  case  of  a  judge)  and  at 
any  time  before  the  testimony  is  delivered  (in  case  of  a  wit- 
ness) .  However,  if  a  mistake  has  been  found  in  the  de- 
cision or  testimony,  he  may  change  his  mind. 

55.  If  the  public  appointed  inexperienced  men,  none  of 
the  parties  may  change  their  minds. 

56.  If  a  heathen  has  been  accepted  as  a  judge,  they 
may  change  their  minds  before  verdict  is  pronounced. 

57.  After  the  ceremony  of  agreement  has  been  made  to 
the  effect  that  instead  of  one  of  the  parties  to  a  lawsuit,  who 
had  to  swear  in  order  to  be  acquitted,  or  to  take  money,  the 
other  party  should  swear  either  to  be  acquitted  or  to  take 
the  money;  no  one  may  change  his  mind.  This  is  also 
true  of  a  case  where  no  ceremony  of  agreement  has  been 
made,  but  the  other  party  has  sworn,  and  sentence  has  been 
passed. 


QUALIFICATION   OF   JUDGES — Chap.    20-28  21 

58.  Judges  may  grant  30  days  or  more,  if  they  think  it 
necessary,  to  one  who  has  confessed  that  he  owes  the  money, 
but  claims  he  has  given  the  lender  a  pawn,  to  bring  his 
evidence  to  court.  However,  if  one  demands  more  than 
30  days,  and  the  judges  do  not  think  it  necessary,  they 
must  tell  him  to  pay  the  loan  and  when  he  brings  his 
testimony  he  will  get  his  pawn — if  the  borrower  does  not 
lose  thereby. 

59.  The  plaintiff's  plea  and  evidence  must  be  heard  first. 
However,  if  the  defendant  may  lose  his  witnesses  if  he 
must  wait  or  if  he  may  suffer  thereby  in  any  other  way,  his 
testimony  may  be  accepted  first. 

60.  If  the  defendant  does  not  suffer  thereby,  the  plaintiff 
may  postpone  his  plea  or  oath,  if  the  defendant  has  to 
swear. 

61 .  A  judge  may  annul  his  judgment  if  he  discovers  he 
has  been  mistaken.  He  must  pay  the  money  if  the  man 
who  received  it,  cannot  be  found,  unless  he  is  an  expert,  or 
the  two  parties  have  agreed  to  accept  him. 

62.  One  may  change  his  mind  after  he  has  sold  his  in- 
heritance for  less  than  its  true  value. 

63.  One  may  not  curse  or  insult  a  judge.  An  offender 
is  dealt  with  by  the  judge  at  the  latter's  discretion.  He  may 
punish  or  pardon  him. 

LAWS  CONCERNING  WITNESSES. 

64.  Any  one  who  knows  anything  concerning  a  case 
must  appear  to  testify. 

65.  Witnesses  must  testify  as  to  what  they  themselves 
saw.     They  may  not  add  any  conjecture.      If  they  give 


22  JEWISH     CODE    OF    JURISPRUDENCE 

part  of  their  testimony  by  hearsay,  they  should  state  the 
fact. 

66.  Judges  should  be  seated  when  a  witness  testifies. 

67.  If  witnesses  have  signed  a  note,  the  note  is  vahd  even 
if  the  witnesses  are  dead. 

68.  No  written  testimony  may  be  accepted  from  a  vvit- 
ness.     He  must  testify  orally. 

69.  One  may  not  testify  from  a  written  paper.  He  may 
use  notes,  however,  to  help  him  recollect  the  facts.  Some- 
body, besides  the  parties  concerned,  may  also  help  him 
recollect  the  facts. 

70.  Witnesses  must  testify  in  the  presence  of  the  par- 
ties concerned. 

71.  However,  there  are  cases  when  the  testimony  of 
witnesses  may  be  heard  in  the  absence  of  the  defendant:  ( 1  ) 
If  the  witness  is  ill.  (2)  If  the  defendant  is  ill.  (3)  If 
the  witness,  preparing  to  go  on  a  long  journey,  is  pressed 
for  time  and  the  defendant  has  not  answered  a  hurried 
summons  to  the  trial. 

72.  If  the  plaintiff's  witnesses  reside  in  another  town  or 
locality,  the  procedure  is  as  follows:  Either  both  defendant 
and  plaintiff  may  go  to  that  town  and  the  trial  be  held 
there  or  the  judge  of  the  town  in  which  the  plaintiff  resides 
may  request  the  judge  in  the  other  town  to  hear  the  testi- 
mony of  the  witnesses  and  forward  it  to  him  in  writing.  This 
testimony  may  be  used  at  the  trial. 

73.  If  the  defendant  has  witnesses  to  prove  \ns  innocence, 
their  testimony  may  be  taken  even  in  the  absence  of  the 
plaintiff. 


LAW  OF  WITNESSES — Chap.  28  23 

74.  If  the  defendant  is  a  minor,  no  testimony  of  wit- 
nesses may  be  taken  until  he  becomes  of  age. 

75.  The  witnesses  in  a  case  must  be  remmded  of  the 
punishment  received  by  perjurers  and  of  their  disgrace  in 
this  world  and  in  the  world  to  come. 

76.  Procedure  of  taking  testimony:  The  testimony  of 
each  witness  is  taken  in  the  absence  of  the  other  and  writ- 
ten down.  Witnesses  testify  in  the  order  of  their  seniority. 
Each  witness  is  asked  whether  he  saw  the  defendant  receive 
the  money  or  heard  him  admit  that  he  received  the  money. 
If  the  testimony  of  two  or  more  witnesses  agree,  the  trial 
is  considered. 

11 .  If  two  witnesses  give  their  testimony  in  identical  ex- 
pression and  phraseology,  it  must  be  carefully  examined; 
for  collusion  is  suspected. 

78.  Three  judges  are  necessary  to  accept  testimony  in 
a  case.  These  must  be  well-versed  m  the  laws  concerning 
witnesses  and  must  have  certificates  of  their  fitness;  othei- 
wise  they  may  not  judge  the  case. 

79.  If  a  plaintiff  produces  four  witnesses  and  two  of 
them  are  found  to  have  no  knowledge  of  the  case,  the 
other  two  may  not  be  debarred  from  giving  testimony. 

80.  Testimony  may  not  be  taken  at  night,  unless  defend- 
ant and  plaintiff  have  agreed  to  it. 

81.  If  there  be  more  than  one  defendant  in  a  case,  and 
only  one  is  present  when  testimony  is  given,  and  another  of 
the  co-defendants  later  demands  that  the  testimony  be  given 
again  in  his  presence,  his  request  may  be  granted  only  if  he 
has  something  definite  to  add  to  the  testimony  of  the  co 
defendants. 


24  JEWISH     CODE    OF    JURISPRUDENCE 

82.  No  testimony  of  witnesses  should  be  taken  before 
the  defendant  has  been  heard  (for  his  answer  may  remove 
the  necessity  of  having  any  witnesses) . 

83.  No  witness  may  withdraw  any  part  of  his  testimony, 
even  a  few  seconds  after  he  has  uttered  it,  except  when 
his  further  testimony  elucidates  but  does  not  change  the 
testimony. 

84.  If  two  witnesses  confess  they  have  perjured  them- 
selves in  a  case,  so  that  the  defendant  suffered  pecuniary  loss 
thereby,  they  are  believed  and  must  pay  the  defendant  the 
sum  he  has  lost.  If  only  one  witness  confesses,  he  must 
pay  the  defendant  half  his  loss. 

85.  (a)  Two  witnesses  are  required  to  collect  a  money 
debt,  (b)  One  witness  can  only  cause  the  person  sued  to 
swear.      (c)    Witnesses  must  not  contradict  one  another. 

86.  In  money  suits  it  is  not  essential  that  the  witnesses 
know  of  all  the  facts;  it  is  sufficient  that  they  know  of  the 
debt,  even  if  they  do  not  remember  the  time  and  place. 
However,  if  they  contradict  each  other  about  the  time  or 
place  their  testimony  is  not  accepted. 

87.  (d)  When  one  claims  $200  payment  for  two  dif- 
ferent debts  and  brings  two  witnesses,  one  of  whom  testifies 
for  $100,  while  the  other  testifies  for  debts  amounting  to 
$200  and  the  witnesses  mention  different  dates,  then  the  de- 
fendant must  pay  $100,  for  we  combine  the  testimony  of 
the  two  for  the  sum  of  $100. 

In  case  the  claimant  sue  only  for  $100  and  then  brought 
two  witnesses,  one  testifying  to  $100  and  the  other  to  $200, 
then  the  defendant  must  not  pay  anything,  since  the  latter 
witness  contradicted  the  claimant. 


LAW  OF  WITNESSES — Chap.  28-30  25 

88.  When  a  person  sues  another  for  five  loans  amounl- 
ing  to  $1500,  and  brings  five  witnesses  who  testify  for 
loans  of  $100,  $200,  $300,  $400  and  $500  respectively, 
each  mentioning  a  different  date,  then  the  defendant  mus[ 
pay  $700  and  swear  that  he  does  not  owe  the  other  $800. 

Explanation : 

By  above  principle  (d)  we  have  the  following 
conditions : 
$400 
$500 

Two   witnesses    $400 

$100  left  ffom$500 


$100  taken  from  $300,  '  ^'^^ 


$200  left  from  $300 >  ^o^n 

$200 ^  ^"^^^ 


Total  $700 

By  the  above  rule  (b)  the  $100  witness,  who  has  not 
];et  figured,  causes  defendant  to  swear  for  $1  00,  but  when 
a  witness  causes  one  to  swear  for  a  certain  amount,  he  also 
causes  him  to  swear,  at  the  same  time,  for  any  doubtful 
amount  there  may  exist,  therefore  the  defendant  here  must 
also  swear  for  the  amount  (doubtful)  of  $800;  thus  mak- 
ing it  $800,  $700— $1  500. 

89.  We  combine  the  testimony  of  witnesses  who  saw  the 
matter  in  question  at  different  times;  it  is  not  essential  that 
they  witness  the  matter  at  the  same  time. 

90.  We  combine  testimony  in  regard  to  payment  of 
debts  as  well  as  in  regard  to  loans;  likewise  we  combine 
the  testimony  of  two  witnesses  who  say  that  they  heard  the 
defendant  admit  his  debt  to  the  claimant. 


26  JEWISH     CODE    OF    JURISPRUDENCE 

91 .  We  combine  the  testimony  of  a  witness  who  says  he 
saw  the  defendant  lend  the  money,  with  that  of  one  who 
says  he  heard  the  defendant  admit  his  debt. 

92.  In  money  suits  the  judge  can  examme  the  witness 
on  different  days. 

93.  Money  can  be  collected  with  a  note  on  which  two 
signatures  are  signed,  to  the  effect  that  the  claimant  :enl 
the  defendant  a  certain  amount;  even  though  the  defendant's 
signature  is  not  on  the  note;  we  combine  a  signature  of  one 
witness  on  a  note  with  the  verbal  testimony  of  another 
witness.  With  a  note  bearmg  two  signatures  money  can  be 
collected  from  property  sold  after  date  of  debt. 

94.  If  two  persons  witness  take  a  "Kmion"  (the  ceremony 
of  contract) ,  they  may  write  a  note  for  the  debt  some  time 
after  the  loan  is  contracted,  but  this  note  must  bear  the  date 
of  the  loan. 

95.  If  a  witness  testifies  that  another  was  with  him,  while 
the  latter  denies  this,  his  testimony  is  not  dismissed  on  th's 
account,  because  the  discrepancy  may  be  due  to  defective 
vision. 

96.  If  a  person  claims  that  he  gave  $200  in  another's 
keeping,  and,  after  the  latter's  denial,  has  brought  two 
witnesses  who  testify  for  $50  and  $150  respectively,  the 
defendant  must  pay  $200,  for  whereas,  according  to  pnn- 
ciple  (d)  the  defendant  should  pay  $50  and  swear  for 
the  rest,  here  he  cannot  swear  because  he  has  been  found 
guilty  of  lying,  in  which  case  he  must  pay  for  the  rest  as  well. 

97.  If  three  sets  of  judges  (three  in  a  set)  examine  wit- 
nesses, three  judges,  one  from  each  set,  may  decide  the 
case.     If  one  judge  examines  the  witnesses  he  cannot  com- 


LAW  OF  WITNESSES — Chap.  3O-39  27 

bine  with  one  of  the  witnesses  to  give  testimony  at  a  hear- 
ing by  a  set  of  judges,  because  testimony  must  be  heard 
from  the  mouths  of  the  witnesses. 

98.  If  two  witnesses  testify  that  a  person  owes  another 
money  while  two  others  testify  to  the  contrary,  then  each 
set  of  witnesses  separately  may  be  witnesses  again,  for  we 
are  not  certain  which  lie,  but  if  one  of  each  set  get  together 
to  testify,  they  are  dismissed,  since  one  must  be  a  liar. 

99.  If  a  person  holds  two  notes  against  another,  one  for 
$100,  and  another  for  $200,  and  if  he  wishes  to  collect 
both  simultaneously,  if  the  two  sets  of  witnesses,  one  set 
signs  for  the  $100  and  another  set  for  $200,  the  plaintiff 
can  receive  only  $  1 00,  and  the  other  note  must  be  de- 
stroyed; and  the  creditor  must  swear  that  it  is  well,  for, 
whenever  there  is  a  doubt  with  regard  to  two  sums,  the 
smaller  sum  is  always  taken.  However,  if  both  notes  are 
collected  separately,  this  does  not  apply. 

100.  In  case  (98),  if  there  are  two  creditors  and  one 
debtor  and  both  sets  of  witnesses  sign  to  both  notes  respec- 
tively, both  must  swear  that  the  notes  are  due  them;  then 
the  money  may  be  collected.  If,  however,  there  is  one 
creditor  and  two  debtors,  payment  may  not  be  made  at 
all ;  for  each  debtor  may  claim  that  his  note  is  false. 

101.  If  a  man  produces  two  witnesses  and  they  are  re- 
pudiated and  he  bring  two  more  witnesses  and  they  are 
repudiated,  etc.,  etc.,  until  100  sets,  he  shall  not  suffer 
if  at  length  he  brings  two  witnesses  who  prove  reliable. 

102.  If  one  has  a  note  against  another;  and  two  wit- 
nesses come  and  testify  that  the  creditor  required  them  to 
practice   forgery  for  him,   the  creditor  may  be  paid  only 


28  JEWISH     CODE    OF    JURISPRUDENCE 

when  the  original  maker  of  the  note  comes  and  testifies  that 
the  money  has  been  given. 

103.  If  a  person  admits  to  another  that  he  borrowed 
money  from  him  in  the  presence  of  witnesses,  the  witnesses 
may  not  sign  a  note  to  that  effect  unless  the  debtor  ex- 
pressly impresses  upon  the  witnesses  the  fact  that  he  owes 
the  money  to  the  creditor,  for  these  words  may  be  spoken 
in  jest. 

104.  If  a  person  hires  false  witnesses  for  another  person 
in  a  trial,  the  former  cannot  be  held  liable,  but  if  a  person 
himself  hires  false  witnesses  and  thereby  has  gotten  money 
and  the  creditor  confesses  his  guilt  or  the  witnesses  confess 
their  perjury,  the  confessors  are  then  liable  for  the  money. 

1  05.  He  who  IS  unfit  to  be  a  judge  is  unqualified  to  act 
as  a  witness;  except  a  good  friend  or  an  enemy,  who  are 
qualified  to  testify  and  unfit  to  judge. 

THOSE  WHO  CANNOT  BE  WITNESSES. 

1  06.   Brothers  (even  not  of  same  father  or  mother) . 
Taking  A  and  A   to  represent  two  brothers 
Taking  B  and  B'  to  represent  their  children. 
Taking  C  and  C  to  represent  their  grandchildren. 

Taking    D   and    D   to    represent    their   great    grandchil- 
dren. 
The  following  cannot  act  as  witnesses:      A  and  B, 

Taking  A  and  A'  to  represent  two  brothers. 
B  and  A,  also  A  and  A'  and  finally  A  and  C  or  A'  and  C, 
B  and  B',  A  and  B',  A  and  C,  A  and  D,  D  and  A,  A' 
and  D',  B  and  C  or  A  and  B,  A  and  C. 


LAW  OF  WITNESSES — Chap.   33  2^ 

1 07.  The  same  procedure  or  differentiation  is  applied 
in  the  case  of  a  brother  and  a  sister,  taking  A  to  represent 
the  brother,  and  A  to  represent  the  sister.  General  prin- 
ciple: If  a  woman  is  in  any  way  forbidden  to  give  testi- 
mony, her  husband  is  also  forbidden. 

Let  A  and  A  represent  female  cousins;  the  husbands 
of  A  and  A  may  be  witnesses  in  case  affecting  A  and  A  . 

108.  A — mother  of  B.     B — B' — female  cousins. 

The  husbands  of  B  and  B'  may  not  give  testimony  in 
which  A's   (mother  of  B)   husband  is  involved, 

1 09.  However,  in  case  1 08,  if  husband  of  A  has  chil- 
dren by  another  wife,  then  husband  of  B'  may  testify  in 
cases  involving  those  children. 

110.  A  (father  of  B)—B— father  of  C.  B  (female) 
— C — (son  of  C).     C  may  testify  in  case  involving  A. 

1  1 1 .  A  marries  a  woman  B  and  has  a  son  C.  B  dies 
and  A  marries  D  and  has  son  E.  A  dies  and  D  marries 
F  and  has  son  G.  G  may  testify  against  C,  but  E  may  not 
against  G,  nor  G  against  E.  Y  (B's  mother)  and  his.  X 
(B's  father)  and  wife.  A  (man)  B  (wife).  (B's  daugh- 
ter) C — C  (son  of  B  by  former  husband)  or  C's  wife,  or 
her  husband.  D  (son  of  C).  E  (son  of  D).  These 
relatives  may  not  be  witnesses. 

112.  A  bridegroom  may  not  be  a  witness  in  case  in- 
volving bride.  However,  they  may  be  witnesses  in  case 
involving  eithers  relatives. 

113.  These  preceding  rules  of  witnesses  have  been  formu- 
lated not  because  it  is  believed  that  persons  near  to  one 
another  will  not  give  correct  testimony,  but  because  it  is  a 
commandment  of  the  Torah. 


30  JEWISH    CODE    OF    JURISPRUDENCE 

114.  If  a  person  cannot  use  a  witness  because  he  is  con- 
nected by  marriage  to  him,  but  by  a  death  that  connection 
severed,  said  witness  can  be  used,  even  if  there  be  children 
from  the  marriage.  But  if  the  decision  has  been  rendered 
while  he  was  still  a  relative,  the  witness  cannot  be  used. 

115.  If  a  witness  in  a  case  becomes  a  relative  to  the 
man  involved,  his  testimony  cannot  be  accepted  even  if  his 
testimony  dates  from  time  before  he  became  related  to  the 
man. 

116.  If  a  witness  sees  things  while  he  is  not  related  by 
marriage  to  the  man  involved,  later  becomes  so,  but  at 
time  of  trial  is  again  not  related,  his  testimony  may  be  ac- 
cepted. 

117.  If  a  man  makes  a  will  before  witnesses,  who  are 
not  legal  according  to  the  foregoing  laws,  but  are  legal  in 
the  case  of  his  children  who  are  beneficiaries,  they  are  legal 
witnesses. 

118.  In  case  of  a  man  having  a  benefit  of  something,  and 
he  relinquishes  that  benefit,  he  may  be  a  witness. 

1  1 9.  Those  who  are  relatives  of  the  debtor  or  his  in- 
dorser,  may  not  be  witnesses,  even  in  case  the  debtor  says 
he  has  paid,  or  denies  the  debt  entirely. 

120.  Relatives  to  one  another,  plaintiff,  defendant,  or  to 
the  judge,  may  not  bear  testimony. 

121.  If  the  community  appoints  two  witnesses  to  testify 
in  a  case,  thereby  excluding  all  others,  these  witnesses  may 
testify,  even  in  a  case  m  which  they  are  related  to  plaintiff, 
defendant  or  judge. 

122.  If  one  of  these  witnesses  knows  the  other  a?  a  man 
of  ill-repute,  he  may  not  give  testimony  together  with  him. 


LAW  OF  WITNESSES— Chap.  33-34  3 1 

123.  Definition  of  a  man  of  ill-repute:  one  who  trans- 
gresses the  religious  laws,  either  unintentionally  or  spitefully, 

1 24.  Exceptions :  if  a  man  transgresses  unwittingly,  he  is 
still  eligible  as  a  witness. 

125.  If  one  has  lifted  up  his  hand  to  strike  8r)mebody 
or  has  struck  somebody,  he  is  ineligible  as  a  witness. 

126.  If  a  witness  has  been  found  to  have  sworn  falsely 
at  any  time  previously,  or  to  have  refused  to  obey  any  de- 
cree or  ban  imposed  by  the  community,  he  is  ineligible  as 
a  witness. 

127.  If  a  person  sells  meat  that  is  not  Kosher  for  Kosher, 
or  sells  goods  that  are  imitations  pf  other  goods,  he  is  in- 
eligible as  a  witness. 

1  28.  A  person  who  is  a  thief  or  robber  is  ineligible,  even 
though  he  return  the  stolen  property  by  force. 

1 29.  If  two  witnesses  have  been  previously  repudiated, 
(e.  g.,  two  witnesses  give  an  alibi  and  two  witnesses  of  the 
other  side  disprove  that  alibi  and  consequently  the  first  set 
of  witnesses  must  indemnify  the  defendant)  they  are  hence- 
forth (from  the  time  of  repudiat  on)  ineligible  as  witnesses. 

130.  If  witnesses  have  been  found  to  have  sometimes 
signed  a  note  which  is  dated  some  time  before,  they  are  in- 
eligible as  witnesses. 

131.  If  a  person  takes  anything  belonging  to  a  child,  a 
deaf  person,  or  a  fool ;  has  found  or  has  bought  a  field  or 
anything  else  by  taking  advantage  of  the  owner's  distress 
(e.  g.,  at  an  auction  of  his  property)  he  is  ineligible.  Also, 
a  person  who  allows  his  sheep  and  cattle  to  feed  in  some- 
body else's  pasture,  is  ineligible. 


3^  JEWISH     CODE    OF    JURISPRUDENCE 

1 32.  Professional  gamblers  (who  have  no  other  oc- 
cupation and  people  who  conduct  races),  and  persons  who 
have  lost  their  respect  in  the  eyes  of  the  community,  as 
vagrants,  tramps,  etc.,  are  ineligible  as  witnesses. 

133.  (Witnesses  that  are  paid  are  ineligible,  unless  they 
return  the  amount  received.)  Witnesses  who  witness  a 
transaction  accidentally  come  under  this  rule,  but  those 
who  are  specially  summoned  to  witness  a  transaction,  ma\ 
be  paid. 

1  34.  Witnesses  who  are  forced  or  tortured  to  give  testi- 
mony, are  not  eligible  as  witnesses. 

135.  No  person's  evidence  or  confession  as  applying  to 
himself  IS  accepted,  unless  confirmed  by  two  witnesses. 

136.  If  two  persons  testify  that  a  man  has  done  some  acl 
which  makes  him  ineligible  as  a  witness,  and  two  others  tes- 
tify that  he  has  repented,  that  person  may  be  accepted  as 
a  witness,   since   their   testimony   does  not  conflict. 

137.  If  two  persons  testify  that  a  man  has  made  himself 
ineligible  to  be  a  witness  and  two  others  testify  that  he  has 
not,  that  person  may  not  be  accepted  as  a  witness,  until  he 
repents  of  his  deed. 

138.  If  one  witness  testifies  that  a  person  has  committed 
a  wrong,  making  him  ineligible  to  be  a  witness  and  another 
testifies  to  another  wrong,  that  person  may  not  be  a  wit- 
ness. 

1 39.  Persons  ineligible  to  be  witnesses  may  become 
eligible  by  preparing  or  making  amends  for  their  misdeeds, 
(e.  g.,  if  a  thief  returns  the  stolen  money  himself,  etc.). 

1 40.  No  person  may  be  a  witness  who  is  under  1 3  years 


LAW  OF  WITNESSES — Chap.  35  33 

of  age.     A  person  over  13  and  not  yet  20  mus^  have  growth 
of  hair  under  the  arms. 

\4\ .  If  a  person  has  witnessed  something  while  under  age, 
but  has  arrived  of  age  when  the  case  is  called,  his  testimony 
is  not  valid,  unless  it  concern  identification  of  signature,  of 
father,  brother,  or  teacher. 

142.  If  a  man  is  violently  insane  or  peculiar  in  his  ac- 
tions (as  an  imbecile),  he  may  not  be  a  witness. 

143.  A  man  who  is  subject  to  fits  may  not  be  a  witness. 

144.  A  person  who  is  deaf  (but  not  dumb)  or  dumb 
(but  not  deaf)  may  not  be  a  witness.  Likewise,  a  person 
who  has  become  dumb  by  the  time  the  trial  comes  up,  may 
not  give  his  testimony  m  writing. 

145.  A  person  who  is  totally  blind  (in  two  eyes)  may 
not  be  a  witness,  even  if  he  recognizes  the  parties  concerned 
by  their  voices. 

146.  If  a  person  was  deaf,  dumb,  or  blind  at  the  time 
of  witnessing  evidence,  but  was  cured  at  the  time  of  trial 
he  is  ineligible  as  a  witness.  If  a  person  was  not  deaf,  dumb, 
or  blind  at  an  occurrence,  but  became  so  later  and  recov- 
ered at  time  of  trial,  he  is  eligible  as  a  witness. 

147.  An  hermaphrodite  is  ineligible  to  be  a  witness. 

1  48.   A  woman  is  ineligible  to  be  a  witness. 

149.  However,  if  none  but  women  are  procurable  as 
witnesses  in  a  case,  they  may  testify. 

1  50.  No  person  who  may  derive  benefit  from  a  case  may 
be  a  witness.     This  is  left  to  discretion  of  court. 

151.   If  a  person  sues  two  persons  (partners)   for  money 


34  JEWISH     CODE    OF    JURISPRUDENCE 

loaned,  and  one  partner  admits  that  the  plaintiff  lent  them 
a  sum  (as  partners)  while  the  other  denies  it,  or  that  they 
are  partners,  the  one  who  admits  it  must  pay  the  whole 
sum.     Testimony  of  one  not  valid  against  a  partner. 

152.  If  a  person  sues  three  persons  for  money  lent  to 
them  (at  some  time)  and  these  persons  are  not  partners, 
his  case  is  lost,  as  no  other  witnesses  are  required  for  two 
of  the  three  persons  may  give  testimony  as  to  the  payment 
of  the  loan  to  the  third  man,  etc. 

153.  If  a  person  in  a  partnership  admits  on  examination 
that  his  partners  owe  money,  he  is  considered  as  one  witness 
against  the  partners,  who  must  give  an  oath  in  regard  to  it. 
If  two  persons  in  a  partnership  of  three  admit  that  all  three 
owed  money  as  partners,  their  testimony  is  valid  and  the 
money  must  be  paid. 

1  54.  One  of  the  witnesses  who  have  signed  a  note  may 
purchase  it  (at  a  discount). 

155.  Persons  who  have  acted  as  arbitraters  in  a  case 
before  it  is  brought  into  court,  or  guardians  may  be  wit- 
nesses. 

1 56.  If  a  man  cannot  derive  any  present  benefit  from 
a  case,  he  may  testify,  even  if  he  may  receive  benefit  sub- 
sequently. 

157.  If  a  landlord  rents  premises  to  a  person  and  another 
party  claims  to  be  landlord  of  the  premises,  the  tenant  may 
testify  as  a  witness  if  he  has  not  yet  paid  the  rent  to  his 
landlord.  If,  however,  he  has  paid  the  rent,  he  may  not 
be  a  witness;  for,  if  his  landlord  loses  the  case,  the  tenant's 
rent  may  be  thereby  lost.     The  landlord,  however,  may  by 


LAW  OF  WITNESSES — Qiap.  37  35 

returning  the  rent  to  the  tenant,   make  him  ehgible  as  a 
witness. 

158.  If  A  has  borrowed  money  from  B,  and  A  has 
property  which  B  may  take  in  case  A  fails  to  pay  the  loan, 
and  C  claims  A's  property  is  his  own  (C's),  B  or  any  man 
who  endorses  for  A  may  not  testify,  since  they  will  be  bene- 
fited by  the  result.  If,  however,  A  has  another  piece  of 
property  which  could  satisfy  the  loan,  their  testimony  may 
be  accepted. 

1 59.  If  a  town  is  involved  in  a  case  affecting  itself,  no 
witnesses  of  that  town  may  testify  in  its  behalf,  and  no 
judges  of  that  town  may  sit  at  the  case. 

160.  All  matters  pertammg  to  the  benefits  to  be  derived 
from  testifying  in  a  case  are  left  to  the  discretion  and  un- 
derstanding of  the  judge.  Also  the  benefits  derived  from 
judging  a  case. 

161  a.  If  two  witnesses  testify  that  a  man  owes  a  certain 
sum  and  two  others  deny  it,  the  man  is  not  obliged  to  pay. 

161b.  If  two  witnesses  testify  that  a  man  owes  a  certain 
sum  to  somebody,  but  later  admit  that  they  lied,  their  testi- 
mony in  the  first  place  remains  and  the  debtor  must  pay. 
However,  for  testifying  falsely,  the  witnesses  must  repay  the 
debtor  the  money  he  has  lost  thereby. 

CHAPTER  XXXIX. 

162.  If  a  debtor  has  given  a  note  signed  by  witnesses  to  a 
creditor  and  has  no  money  to  pay,  but  has  sold  a  piece  of 
property,  the  creditor  may  claim  that  property,  even  if 
this  is  not  stipulated  in  note  (may  be  in  case  of  omission). 
If,  however,  the  loan  has  been  made  verbally  without  wit- 
nesses, sold  property  may  not  be  claimed  by  the  creditor. 
However,  unsold  property  may  be  claimed. 


36  JEWISH     CODE    OF    JURISPRUDENCE 

1  63,  If  a  person  borrowes  money  in  the  presence  of  wit- 
nesses, they  may  not  record  the  transaction  in  a  note  un- 
less the  debtor  permits  them.  Otherwise,  according  to 
162,  the  borrower  in  case  unable  to  pay,  might  lose  his 
property,  unless  witnesses  have  "Kinyon."  In  case  they  re- 
ceive a  Kabalas  Kinyon,  they  may  upon  demand  of  the 
creditor  write  a  note  even  later  than  the  transaction.  If 
they  remember  the  date  of  the  transaction,  they  date  the 
note  from  then;  if  they  do  not  remember,  they  date  it  from 
the  day  of  the  creditor's  demand  for  a  note.  Also 
they  may  do  this  in  case  either  debtor  or  creditor  dies.  All 
this,  however,  on  the  understanding  that  there  has  been  no 
date  set  for  the  payment  of  the  money.  If,  however,  such 
date  for  payment  has  been  made,  they  may  not  record 
transaction  without  sanction  of  debtor. 

1 64.  Only  those  may  record  transaction  by  notes  who 
have  been  expressly  invited  to  be  witnesses  of  transaction. 
Others  may  testify  that  they  have  witnessed  transaction,  but 
it  has  not  the  effect  of  a  written  note.  (  ^  1 62) .  The  debtor 
may  claim  the  debt  paid,  but  not  before  the  expiration  of 
a  time  set  for  payment,  if  there  be  a  set  time. 

163.  In  property  cases,  procedure  is  as  follows:  If  A 
and  B  claim  a  piece  of  property  and  witnesses  hear  A  admit 
the  property  belongs  to  B,  they  may  record  the  testimony, 
even  if  they  have  not  received  permission  or  "Kinyon." 

166.  If  a  person  admits  before  judges  his  indebtedness  to 
another  person,  it  may  be  recorded  and  has  the  power  of 
a  written  note.      (^   162.) 

1 67.  The  judges  should  know  that  the  persons  appearing 
before  them  are  those  they  claim  to  be;  otherwise,  forgery 
and  collusion,  m  money  matters  might  be  practiced. 


LAW  OF  WITNESSES — Qiap.  40  37 

1 68.  A  debtor  may  have  a  note  written  and  witnessed,  of 
his  indebtedness  to  a  person  in  the  absence  of  that  person, 
but  a  creditor  may  not  have  a  note  written  in  the  absence 
of  the  debtors. 

169.  If  a  debtor  has  a  note  made  out  of  his  indebtedness 
to  two  persons,  and  the  note  is  kept  by  one,  the  payment 
must  be  made  to  the  two,  even  when  the  other  dies,  the  heirs 
of  the  deceased  get  half  of  the  paid  loan. 

1  70.  If  witnesses  witness  a  minor's  admission  of  indebt- 
edness, they  may  not  record  it  in  writing. 

171.  If  a  debtor  has  a  note  written  of  his  indebtedness 
to  a  creditor,  the  creditor  may  refuse  to  lend  him  the  money. 
But  if  the  creditor  has  promised  to  lend  him  on  a  pawn,  he 
may  not  withdraw  his  promise,  if  he  has  once  laid  hands 
on  the  pawn. 

1  72.  The  debtor  must  pay  for  expense  of  writing  a  note. 
If,  however,  the  creditor  has  lost  a  note  and  wishes  a  dupli 
cate,  he  must  pay  for  it. 

1  73.  If  a  person  admits  his  indebtedness  to  another  (with- 
out an  explicit  condition  for  which  money  was  given),  he 
is  liable  for  the  money,  if  he  calls  upon  persons  to  witness 
his  assertion,  or  if  he  writes  a  note  himself,  even  without 
signature  of  witnesses. 

1  74.  If  a  creditor  gives  a  receipt  to  a  debtor  to  cover 
part  of  a  debt,  although  the  money  was  not  paid,  that 
money  cannot  be  claimed  by  the  creditor. 

1  75.  If  a  debtor  writes  out  a  note,  either  he  must  have 
two  witnesses  to  sign  it,  or  without  signature  of  witnesses  it 
is  valid  if  he  gives  it  to  creditor  while  instructing  persons  to 


38  JEWISH     CODE    OF    JURISPRUDENCE 

witness  it,,  the  debtor  may  then  instruct  these  witnesses  to 
sign  a  statement  that  the  note  was  received  in  their  presence. 
Money  in  such  notes  can  be  collected  even  from  sold  prop- 
erty.    (Chap.  XL.). 

1  76.  If  a  note  in  the  possession  of  a  creditor  gradually 
becomes  illegible,  he  may  take  it  to  court  and  a  duplicate  may 
be  issued,  in  presence  of  two  witnesses,  or  if  the  two  wit- 
nesses swear  as  to  contents  of  note  (if  entirely  illegible), 
even  without  asking  debtor.  The  duplicate  reads:  "We, 
judges ...  by  name,  the  court,  have  considered  the  re- 
quest to  issue  a  duplicate  of  a  note,  of  which  Mr.  So  and 
So  is  debtor,  and  Mr.  So  and  So  creditor,  for  the  amount 
witnessed  by.  .  .on  the  date.  .  .  and 
do  hereby  issue  this  duplicate,  having  destroyed  the  illegible 
one. 

1 11 .  However,  such  duplicate  may  not  be  issued  if  the 
creditor  is  found  to  have  effaced  the  note  on  purpose  or 
to  have  kept  it  in  a  place  conducive  to  such  effacement,  un- 
less the  debtor  be  asked  and  his  consent  obtained. 

1  78.  If  a  creditor  loses  a  note  and  applies  to  the  court 
for  a  duplicate,  it  may  not  be  issued,  even  if  he  brings  same 
witnesses  that  signed  note,  except  when  necessary  (if  wit- 
nesses say  that  original  note  has  been  burnt) .  Subsequently, 
creditor  cannot  collect  money  unless  duplicate  of  note  con- 
tains reasons  why  it  was  issued  (because  original  note  may 
be  later  found  and  dishonestly  used) . 

I  79.  If  a  person  is  a  beneficiary  of  a  will,  he  may  apply 
to  the  court  for  a  copy  of  that  part  of  the  will,  pertaining  to 
his  bequest. 

180.  (a)  If  a  creditor  has  a  note  and  loses  it,  and  the 
witness  on  it  are  still  living  and  have  had  a  "Kinyon,"  and 


LAW  OF  LOANS — Chap.  40  39 

the  debtor  claims  he  has  paid  the  money  (even  if  the  time 
for  payment  has  not  yet  expired)  the  creditor  cannot  col- 
lect. Also,  if  the  note  was  found  by  a  third  party,  and 
debtor  claims  he  lost  it,  after  paying  the  creditor  and  re- 
ceiving note  back,  creditor  cannot  collect  because  the  loss 
of  the  note  shows  that  the  creditor  did  not  care  for  the 
note — that  it  was  paid. 

181.  A  duplicate  note  may  be  issued  if  it  is  claimed  that 
it  has  been  lost  in  a  place  which  is  the  seat  of  war  or  dis- 
turbance.      .      .      .      (Chap.  XLI.) 

182.  Note  may  be  wr  tten  m  any  language  and  in  any 
kind  of  characters;  but  care  should  be  taken  that  no  mis- 
representation be  written  in  that  language  and  no  mistake 
be  made. 

183.  Amount  of  note  must  be  written  out  in  full  and 
not   numerically. 

1  84.  If  the  amount  of  note  is  stated  at  a  certain  sum  and 
later  in  the  note  stated  as  another  sum,  the  last  sum 
must  be  considered.  If,  however,  a  note  contains  a  series 
of  amounts  of  money,  and  the  total  incorrectly  added,  the 
correct  total  should  be  considered. 

185.  If  there  is  doubt  as  to  the  amount  written  in  a  note, 
if  amount  written  has  been  rendered  rather  illegible  (if  e.  g., 
a  hook  of  a  letter  has  been  removed)  and  there  is  doubt  as 
to  whether  sum  is  larger  or  smaller,  debtor  is  obliged  to  pay 
smaller  amount.  General  principle:  The  creditor  has  the 
burden  of  proof  to  show  indebtedness  of  debtor  to  him. 

186.  If  a  creditor  in  case  of  doubt  as  in  185,  seized 
something  belonging  to  debtor,  he  may  not  be  sued  for  it. 

1  87.   If  a  note  is  given  in  which  the  year  for  payment  is 


40  JEWISH     CODE    OF    JURISPRUDENCE 

not  designated,  as  the  1 5th  of  Jan.,  the  debtor  may  not  claim 
that  it  means  next  year  or  later,  but  must  pay  at  the  first 
1 5th  of  Jan. 

188.  If  the  amount  of  a  note  is  indefinite,  e.  g.,  if  it  reads 
"dollars"  with  no  definite  amount  of  dollars,  the  debtor  must 
pay  two  dollars. 

189.  If  the  amount  of  a  note  is  expressed  m  terms  of  a 
certain  coin  or  bill  which  term  is  used  in  another  country, 
but  unequal  in  value,  debt  must  be  paid  in  money  of  country 
in  which  note  is  written.  If  it  is  unknown  in  which  coun- 
try note  was  written,  debt  must  be  paid  in  money  of  country 
in  which  note  is  collected. 

1 90.  If  the  amount  of  a  note  is  stated  as  a  number  merely 
and  no  designation  of  coin  or  bill  (e.  g.,  98),  debtor  may 
pay  in  the  coins  he  pleases,  even  the  smallest. 

191.  Every  note  must  have  a  date.  If  day  of  the  weeV 
on  which  note  was  written  is  designated  as  a  certain  date 
(e.  g.,  Wednesday  Tishrie  24th),  and  it  is  found  out  that 
the  day  was  22nd,  note  is  valid. 

192.  If  a  date  is  not  written,  sold  property  may  not  be 
confiscated  (for  person  to  whom  property  is  sold  may  claim 
he  bought  it  before  note  was  issued).  If  no  date  is  men- 
tioned, note  may  be  issued  with  merely  the  signature  of 
debtor  (for  according  to  191,  sold  property  cannot  be 
molested  unless  two  witnesses  sign  it). 

193.  If  it  is  found  out  that  date  of  note  is  previous  to  the 
actual  issue  of  note,  note  is  invalid;  for  in  such  a  case 
the  note  would  molest  sold  property.  Debtor  may  claim 
note  paid,  or  deny  having  given  note.  If  he  admits  note 
made  out,  he  must  pay  from  his  personal  properly. 


LAW  OF  LOANS — Chap.  4 [-42  41 

194.  The  above  holds  in  case  of  mistake.  If  however 
done  purposely,  it  may  not  be  collected  from  personal  prop- 
erty; for  note  is  signed  by  witnesses  who  perjured  them- 
selves. 

195.  If  a  person  donates  something  to  another  and  the 
date  for  the  receipt  of  such  gift  is  previous  to  the  date  in- 
tended, the  note  is  invalid,  even  if  sighed  by  a  reputable 
man.  (e.  §.,  a  father-in-law  gives  property  by  note  to  a 
son-in-law,  say  dated  1914,  it  may  be  claimed  invalid  if 
that  person  became  son-in-law  in  1915.  Witnesses  may 
write  another  note,  if  their  handwriting  cannot  be  compared 
by  means  of  other  documents;  if,  however,  their  handwrit- 
ing may  be  compared,  they  are  not  believed. 

196.  In  signing  a  note,  witnesses  may  state  the  exact 
date  of  transaction,  if  note  is  written  later.  This  exact 
date  must  come  before  their  signatures. 

197.  If  date  of  note  is  written  as  later  than  actually  is- 
sued (e.  g.,  Jan.  10,  instead  of  Dec.  10,  note  is  valid,  for 
holder  of  note  loses  by  it;  /.  e.,  debtor  may  buy  property 
after  note  issued  and  judgment  could  not  be  taken  out 
against  if  sold). 

1  98.  Above  holds  only  in  loan  matters.  In  sale  of  prop- 
erty, if  date  of  deed  is  Jan.  1 0,  a  date  later  than  when  prop- 
erty was  sold,  deed  is  invalid;  for  if  seller  of  property  does 
not  notice  wrong  date,  and  buys  property  back,  the  person 
to  whom  property  is  sold  may  produce  his  deed  of  later  date 
and  claim  he  bought  property  which  he  has  sold,  from 
whom  he  bought  it. 

199a.  If  note  is  dated  Sabbath  or  holiday,  it  must  be  sur- 
mised that  note  was  written  later,  if  undersigned  by  notary. 


42  JEWISH     CODE    OF    JURISPRUDENCE 

If  not  undersigned  by  notary,  creditor  must  bring  witnesses 
to  testify  to  validity  of  note. 

1  99b.  If  note  written  out  some  time  (e.  g.,  evening)  and 
Signed  next  day  (which  is  really  same  day  according  to 
Jewish  calendar)  it  is  valid.  But  if  written  during  the  day 
and  signed  following  evening  it  is  invalid,  except  if  work  is 
done  on  the  note  continually  till  night  or  if  Kabalas  Kinyon 
is  made. 

200.  If  parties  to  a  note  and  witnesses  migrate  to  an- 
other country  after  note  is  made  out  and  note  has  not  yet 
been  written,  the  witnesses  may  write  out  a  note  in  new  coun- 
try and  not  mention  old  country  if  they  date  the  note  from 
time  of  writing;  but  if  they  date  it  from  Kabalas  Kinyon, 
they  must  mention  place  in  old  country  where  note  was  con- 
tracted. 

201.  Above  rules  hold  when  money  of  both  countries 
which  are  designated  the  same  (e.  g.,  German  dollar  and 
our  dollar)  have  same  value.  If  value  different,  place 
where  note  contracted  must  be  mentioned. 

202.  A  note  which  does  not  designate  where  contracted 
is  valid. 

203.  If  one  person  B  holds  a  note  from  A  and  note  is 
dated  a  certain  day  of  the  month  (e.  g.,  5th  Dec.  and  an- 
other person,  C,  also  holds  note  from  A,  also  m  Dec,  but 
no  definite  date)  B,  has  the  preference  and  may  collect  from 
A's  personal  property.  But  when  C  comes  to  collect  from 
property  sold  by  A,  the  person  to  whom  property  sold  may 
claim  C  could  have  collected  from  A's  personal  property 
(for  note  might  have  been  Dec.  1  ).  However,  if  B  and  C 
form  a  partnership,  they  may  collect  personal  property  and 


LAW  OF  LOANS — Chap.  43-44  43 

then  on  sold  property,  but  in  the  following  month,  since  it 
may  be  claimed  that  the  date  in  C's  note  is  Dec.  31. 

204.  If  a  person  has  a  receipt  for  a  note,  it  is  deter- 
mined even  if  there  are  no  witnesses  or  date,  that  is  the  re- 
ceipt of  the  note,  if  the  sum  mentioned  in  the  receipt  and 
note  coincide. 

205.  If  B  holds  a  note  on  A  dated  in  Adar  and  C  holds 
a  note  dated  in  Adar  2nd,  on  A.  (in  leap  year),  B  has  the 
preference  in  payment.  But  if  both  notes  are  dated  in  Adar 
merely,  the  note  which  has  the  prior  date  is  paid  first. 

CHAPTER  XLV. 

1 .  A  witness  must  read  the  document  before  he  signs 
it.     A  witness  must  sign  a  document  at  the  bottom. 

2.  The  head  of  the  court  who  knows  all  the  contents  of 
the  documents  and  the  secretary  reads  it  to  him,  and  he  be- 
lieves it,  he  can  sign  even  if  he  does  not  read  it  himself. 

3.  If  a  witness  cannot  sign  his  name  another  can  write 
his  name  with  a  pin  or  scissors,  and  then  he  must  fill  in  the 
holes  with  ink,  then  this  is  valid. 

4.  If  a  witness  cannot  sign  his  name  he  can  give  the 
pen  to  the  city  clerk,  and  he  will  sign  for  him,  if  it  is  the 
custom  of  the  locality  to  do  so. 

5.  A  witness  must  sign  his  name  just  below  the  writ 
ing,  and  if  he  signs  his  name  two  or  more  lines  below  the 
writing  it  is  invalid  because  he  can  forge  an  addition. 

6.  If  the  writing  of  the  note  is  on  rough  paper  and 
the  witness  on  clean  paper,  or  vice  versa,  the  document  is 
invalid,  for  they  both  must  be  on  clean  paper. 


44  JEWISH     CODE    OF    JURISPRUDENCE 

CHAPTER  XLVI. 

1 .  A  note  is  not  found  valid  except  when  the  witnesses 
testify  before  three  judges  that  the  signatures  are  their  signa- 
tures; otherwise  they  can  deny  and  say  that  it  is  all  false. 
There  are  several  other  different  ways  in  which  to  make  a 
note  valid. 

2.  It  is  not  necessary  to  have  the  maker  of  the  note 
present,  when  contracting  the  notary. 

3.  When  the  witnesses  who  signed  the  note  say  that  the 
lender  was  under  age,  their  testimony  is  not  believed,  be- 
cause a  person  will  not  desire  to  spoil  his  own  reputation,  by 
saying  that  he  is  guilty  of  a  forgery,  making  himself  a  bandit. 

CHAPTER  XLVII. 

1 .  If  the  loaner  says  that  the  note  is  paid  and  in  that  way 
is  involving  the  bankruptcy  of  another;  and  if  the  note  has 
been  contracted  by  a  notary,  his  testimony  is  not  believed. 
Even  if  the  note  is  made  out  for  200  dollars,  and  he  owes 
only  1 00  dollars,  he  is  also  not  believed. 

2.  After  settling  with  his  debtors  he  came  again  and 
claimed  the  collection  of  the  note.  He  confesses  that  he 
merely  said  this  to  drive  off  his  debtor.  If  he  said  it  in  his 
debtor's  presence,  then  he  can  collect;  but  if  he  said  it  be- 
fore, he  cannot  collect. 

3.  If  the  loaner  says  that  he  only  took  $500  out  of  the 
$1,000  note,  the  note  is  valid;  but  if  he  says  that  by  mis- 
take it  has  been  made  out  for  $1,000,  then  the  note  is  in- 
valid. 


LAW  OF  LOANS  45 

CHAPTER  XLVIII.  .         ~^ 

1.  A  note  that  has  been  aheady  paid  cannot  be  used 
again,  even  if  a  small  amount  has  been  paid  off.  Notes 
cannot  be  borrowed  on  that  same  small  amount  with  that 
note. 

CHAPTER  XLIX. 

1 .  If  a  person  lives  in  a  locality  30  days  and  is  called  by 
a  certain  name,  then  it  is  believed  that  the  name  is  really  his. 

CHAPTER  L. 

1 .  If  a  note  is  made  payable  to  bearer,  then  the  note  can 
be  collected,  provided  it  is  the  maker's  handwriting.     There' 
must  also  be  witnesses  for  the  identification. 

2.  If  a  receipt  is  brought  on  the  note  by  any  one,  then 
the  note  is  invalid. 

CHAPTER  LI. 

I .  If  the  note  is  signed  with  one  witness  and  the  bor- 
rower says  that  he  paid,  he  is  not  believed,  but  he  can  simply 
ask  the  giver  of  the  money  to  swear  that  he  did  not  pay. 

CHAPTER  LII. 

1 .  If  a  note  states  that  a  certain  amount  is  due  with  in- 
terest, the  interest  being  written  apart  from  the  entire  note, 
the  maker  could  not  collect  the  interest.  When,  however, 
the  sum  and  the  interest  on  that  amount  are  stated  in  the 
note,  then  the  maker  could  not  collect  a  single  penny;  be- 
cause it  is  forbidden  for  Jews  to  charge  interest  on  borrowed 
money.     You  are  not  allowed,  to  accept  or  give  interest. 


46  JEWISH     CODE    OF    JURISPRUDENCE 

CHAPTER  LIII. 

1.  If  the  lender  has  a  note  for  $100,  and  he  desires  to 
have  it  shared  for  $50  and  $50,  the  loaner  could  refuse  his 
request.  The  request  could  be  reversed,  if  the  notes  are 
made  out  for  fifty  and  fifty  dollars,  and  the  lender  desires 
to  have  it  in  one  hundred  dollars  in  full,  it  can  also  be  re- 
fused. 

CHAPTER  LIV. 

1 .  If  a  creditor  says  that  the  note  was  lost,  the  borrower 
must  get  a  receipt  and  pay.  The  creditor  must  swear  that 
the  note  was  lost. 

2.  If,  however,  the  creditor  says  that  he  hasn't  the  note 
here,  but  will  get  it  later,  the  borrower  need  not  pay  him 
until  he  brings  the  note. 

CHAPTER  LV. 

1.  If  a  man  has  a  note  for  $100,  and  the  borrower  paid 
some  of  the  note,  and  said  that  if  he  did  not  pay  all  of  the 
balance  at  a  specified  time,  he  could  collect  the  whole  note, 
but  the  law  is  that  he  cannot  collect  the  whole  amount. 

CHAPTER  LVI. 

1.  If  the  third  party  is  in  charge  of  the  property  he  is 
believed  like  two  witnesses,  even  if  the  time  has  passed, 
but  so  long  as  he  can  return  the  property,  he  is  still  believed. 

2.  When  the  third  party  returns  the  property,  he  must 
do  so  in  the  presence  of  judges.  If  he  does  not  return  the 
property  in  the  legal  way,  his  credit  will  be  spoiled,  and  he 
will  not  be  believed  again.  He  must  get  a  receipt  from 
the  judges  at  the  time  he  returns. 


LAW  OF  LOANS  47 

3.  The  executive  has  the  authority  to  return  any  strangers 
property. 

CHAPTER  LVII. 

1 .  It  is  sinful  to  keep  a  note  already  paid  in  one's  pos- 
session. But  if  it  is  paid  on  account,  he  may  keep  it,  but 
must  make  out  a  receipt  or  write  it  on  the  other  side  of  the 
note. 

CHAPTER  LVIII. 

1 .  A  has  a  note  on  B.  B  claims  that  he  paid  the  money 
in  the  presence  of  several  witnesses.  The  witnesses  affirm 
that  they  have  seen  B  give  money  to  A,  but  nothing  was 
spoken  of  a  note.  The  creditor  claims  that  he  collected 
money  for  a  different  debt.  The  note  is  therefore  dis- 
missed. 

2.  A  owes  B  two  equal  sums  of  money,  one  debt  cov- 
ered by  a  note,  the  other  without  any;  A  pays  to  B  one 
sum  equal  to  amount  on  note,  claiming  note  in  consideration 
of  such  payment.  B  may  discharge  debt  without  note  and 
still  retain  note  as  security  for  the  other  debt. 

3.  If  the  borrower  sends  money  through  the  lender  to 
give  for  another  debt  he  can  attach  the  money  for  his  debt. 

CHAPTER  LIX. 

1 .  A  lender  brings  a  note  signed  by  a  witness  and  notary, 
for  collection;  the  borrower  claims  he  has  paid  the  note; 
the  lender  says  that  he  is  in  doubt;  the  lender  then  cannot 
collect  the  note  and  must  even  return  the  signed  note  to  the 
borrower. 

2.  If,  however,  the  lender  comes  later  and  says  he  re- 


48  JEWISH    CODE    OF    JURISPRUDENCE 

reckoned  his  accounts  and  is  certain  that  the  borrower  did 
not  pay  the  note,  then  the  lender  is  entitled  to  collect  even 
from  sold  property. 

CHAPTER  LX. 

LAW  GOVERNING  PROPERTY  SOLD,   NOT 
YET  IN  ONE'S  POSSESSION. 

1.  If  the  lender  comes  to  collect  a  note  and  he  cannot 
find  enough  in  the  borrower's  possession  to  make  good  the 
note,  then  the  lender  can  place  an  attachment  upon  the 
sold  property,  but  not  on  movable  sold  property.  This  is  to 
protect  business  transactions.  If  the  lender  finds  a  note  in 
the  borrower's  possession,  he  can  make  collection  from  the 
note,  even  if  the  borrower  sold  the  note  to  some  one  else, 
providing  the  note  is  sold  after  the  loan  was  made  by  the 
borrower;  he  can  collect  from  the  note. 

2.  Sometimes  attachments  may  be  placed  on  movable 
property.  If  the  borrower  sold  or  gave  away  all  his  movable 
property  without  leaving  anything  in  his  possession,  then 
the  lender  has  the  right  to  place  attachment  even  upon  the 
movable  property,  because  it  then  becomes  obvious  that  the 
borrower  has  plotted  to  evade  payment  on  the  note. 

3.  If  one  makes  an  agreement  to  clothe  or  support  an- 
other person  for  an  indefinite  length  of  time,  such  as  a 
lifetime,  then  he  must  live  up  to  his  agreement. 

4.  If  the  promissee  demands  money  as  his  share  of  the 
support  and  the  promissor  wishes  to  give  him  edible  instead 
of  the  money,  then  the  promisee  has  a  right  to  demand  his 
share  in  cash,  except  when  the  agreement  states  that  the 
promissee   is  to   share   the   support   at  his  table,   then   the 


LAW   OF  LOANS  49 

promissor  has  the  right  to  withhold  the  amount  demanded. 

5.  If  the  promissee,  however,  does  not  wish  to  share  the 
privileges  of  his  table,  then  he  is  only  entitled  to  the  value  of 
an  equal  share  of  each  individual  member,  because  it  is  more 
economical  to  provide  for  an  entire  family  than  to  give  in- 
dividual shares. 

6.  If  the  promissee  takes  sick  and  requires  more  expensive 
support,  the  promissor  must  give  him  such  support  only  as 
a  healthy  individual  requires. 

7.  If  the  promissor  dies  in  the  meanwhile,  then  the  heirs 
must  fulfill  the  promise. 

8.  If  a  man  makes  a  promise  to  part  with  an  article  which 
does  not  exist  at  the  time  of  such  promise,  he  will  be  held 
by  his  promise  when  such  thing  comes  into  existence. 

9.  A  brought  a  note  for  collection.  The  note  states 
that  B  owes  money  to  C,  and  A  claims  that  the  money 
belongs  to  him,  and  C  acted  only  as  his  agent.  C  confesses 
to  same.  If  C  did  not  act  fraudulently  in  that  affair,  A  is 
entitled  to  recover  on  the  note. 

10.  If  a  woman,  whose  husband  died  and  left  real  estate, 
the  deeds  of  which  is  made  out  in  both  names,  and  she 
claims  that  one-half  of  the  purchase  price  for  said  real  estate 
was  bought  by  her  out  of  her  own  belongings  that  she  has 
by  reason  of  a  devise  from  her  own  family,  and  if  it  appears 
that  the  woman  is  not  a  business  lady  or  in  any  way  con- 
nected with  or  acted  in  her  husband's  business,  she  will 
be  entitled  to  one-half;  if  the  deed  to  said  real  estate  is 
made  out  all  in  her  own  name,  she  will  be  entitled  to  al) 
such  estate. 


50  JEWISH     CODE    OF    JURISPRUDENCE 

CHAPTER  LXI. 

1 .  If  a  note,  which  was  duly  recorded,  is  lost,  the  owner 
upon  procuring  a  copy  of  such  note  from  the  recorder  may 
recover  on  the  note. 

2.  If  a  note  is  made  payable  to  bearer,  any  one  pre- 
senting same  may  collect  on  it,  provided  he  proves  that 
he  was  born  at  or  before  such  note  was  made  out. 

3.  A  and  B  are  in  partnership  in  business,  and  they 
decided  to  dissolve  same  before  an  arbitration.  A  was 
the  treasurer,  and  they  agreed  that  A  should  deposit  with 
the  arbitration  a  $1 ,000  note  because  the  arbitration  found 
that  the  business  when  settled  will  not  yield  more  than 
that  amount.  After  a  few  days  reckoning  of  the  busi- 
ness was  made,  and  they  found  that  A  is  to  give  B  $600 
out  of  the  sold  business  as  his  share.  This  amount  is  good 
on  the  said  note  even  on  sold  property  from  the  date  said 
note  was  made  out. 

4.  If  A  brings  a  note  fb  B's  heirs;  the  heirs  cannot  refuse 
to  pay  the  note  for  the  reason  that  the  note  was  not  presented 
for  payment  during  B's  life,  but  it  is  the  duty  of  the  judge 
to  investigate  the  matter  and  if  upon  investigation  he  should 
discover  some  fraud,  he  may  adjudge  the  note  void.  The 
same  applies  to  a  very  old  note,  which  was  not  presented  for 
payment  for  some  reason  or  other. 

5.  If  a  note  is  presented  for  payment  to  one  who  claims 
that  he  cannot  read  or  write  and  did  not  know  the  contents 
of  the  note  at  the  time  he  signed  same,  if  his  signature  is 
attached  to  it,  he  will  be  held  liable  and  this  will  be  no 
excuse  even  if  it  is  proven  that  he  could  not  write  or  read. 


LAW   OF  LOANS  5 1 

CHAPTER  LXII. 

1 .  If  a  woman,  whose  husband  died,  or  her  elder  son, 
are  actively  engaged  in  her  husband's  or  his  father's  busi- 
ness, and  they  claim  that  any  notes  or  real  estate  made  out 
in  their  own  individual  names  were  procured  for  their  own 
money  and  not  for  the  money  of  the  business  or  removable 
property  in  their  possession,  and  belonged  to  them  individu- 
ally, in  order  to  establish  their  claims,  the  burden  of  proof 
of  such  claims  is  upon  them  and  their  witnesses  must  prove 
such  claims.  Such  proofs  will  be  considered  sufficient,  if  it  is 
established  that  they  found  some  money  and  applied  it  to 
the  purchase  of  such  articles,  or  that  they  got  such  money 
by  gift. 

2.  In  case  such  claimants  died,  and  the  heirs  of  the  claim- 
ants wish  to  recover  such  property,  the  burden  of  proof  is 
on  the  other  side  and  their  witnesses  must  prove  that  such 
property  belongs  to  the  business  and  not  to  them  individually. 
If,  however,  it  is  well  known  that  the  property  belongs  to 
the  business,  such  heirs  must  affirmatively  prove  that  the 
property  in  question  belongs  to  them  individually  and  not 
to  the  business. 

CHAPTER  LXIII. 

1 .  If  one  brings  a  note  for  collection,  and  two  witnesses 
come  before  the  judge  and  testify  that  the  presenter  of  the 
note  asked  them  to  commit  a  perjury  and  they  refused,  it 
is  the  duty  of  the  judge  to  see  that  the  presenter  of  the 
note  get  the  same  two  witnesses  who  saw  the  money  given 
and  signed  their  names  on  the  note,  or  other  two  people 
who  saw  that  the  two  witnesses  signed  their  names  to  the 
note. 


52  JEWISH     CODE    OF    JURISPRUDENCE 

CHAPTER  LXIV. 

1 .  If  one  deposits  notes  for  keeping  with  a  bailee,  upon 
the  death  of  the  bailor,  if  the  bailee  claims  a  debt  from  the 
bailor,  the  latter's  heirs  cannot  get  the  notes  from  him  unless 
the  claim  is  discharged  by  them. 

CHAPTER  LXV. 

1 .  If  a  bailee  finds  a  note  in  his  possession  and  he  is  un- 
certam  as  to  who  gave  him  the  said  note,  whether  the  bor- 
rower or  the  lender  and  both  of  them  claim  that  he 
deposited  said  note  with  the  bailee,  then  the  bailee  has  no 
right  to  return  the  note  unless  he  discovers  unimpeachable 
evidence  which  ascertains  beyond  doubt  who  the  depositor 
of  the  note  was, 

2.  If  one  has  given  a  note  and  a  pledge  for  the  security 
of  a  debt,  and  the  note  is  in  the  possession  of  a  bailee, 
but  he  is  uncertain  as  to  who  deposited  said  note,  whether 
the  borrower  or  the  lender,  in  such  case,  even  if  the  lender 
uses  the  pledge  for  his  own  convenience  to  be  applied 
toward  the  payment  of  the  said  debt,  he  must  immediately 
cease  to  use  such  property,  and  he  must  return  such  prop- 
erty to  the  borrower. 

3.  If  one  finds  a  receipt  for  rent,  for  instance,  and  the 
landlord  claims  that  he  simply  made  the  receipt  ready  but 
has  not  got  the  rent  yet,  and  the  tenant,  on  the  contrary, 
claims  that  he  has  already  paid  the  rent  and  got  the  receipt 
for  same,  in  such  case,  it  is  the  duty  of  the  finder  not  to 
surrender  the  receipt  to  either  the  landlord  or  the  tenant, 
unless  he  ascertains  beyond  doubt,  by  overwhelming  evi- 
dence, the  truth  of  the  affair. 

4.  If  a  receipt  for  the  payment  of  a  note  has  been  found 


LAW  OF  LOANS  e^ 

in  the  possession  of  the  lender,  and  the  said  note  is  de- 
stroyed or  even  found,  for  instance,  in  his  wastebasket, 
showing  such  an  utter  disregard  for  the  safe  keeping  of  the 
said  note,  the  receipt  must  be  returned  to  the  borrower,  even 
HI  case  the  lender  claims  that  he  did  not  get  paid  for  the 
receipt. 

5.  If  the  lender  died,  however,  and  in  his  papers  the  re- 
ceipt for  payment  is  found,  or  that  some  payments  were 
made  on  a  second  note,  such  receipt,  in  the  absence  of  con- 
trary proof,  is  valid,  and  the  executors  of  the  lender  are 
held  bound  by  the  receipt. 

6.  In  case  the  receipt  for  the  payment  of  a  note  is 
depoisted  with  a  third  party  and  he  has  in  his  possession  also 
the  original  note  for  which  the  receipt  of  payment  is  found, 
and  he  says  that  the  note  was  paid,  he  should  be  believed. 
If  he  has  not  the  original  note  in  his  possession  he  cannot  be 
readily  believed,  as  the  affair  is  in  doubt,  and  should  be 
ascertained.  If  he  died,  the  affair  is  also  in  doubt  and 
should  be  well  ascertained. 

CHAPTER  LXVI. 

I.  If  one  wishes  to  sell  a  note  which  bears  his  name 
as  payee,  to  a  third  person,  he  must  write  on  a  separate 
piece  of  paper  to  the  effect  that  he  empowers  the  said  party 
with  all  the  rights  that  he  is  entitled  to  by  reason  of  such 
note,  and  he  must  personally  deliver  such  note  and  such 
authorization  to  the  third  party. 

2.  If  one  sold  a  note  according  to  law,  he  must  bring 
the  buyer  of  the  note  to  the  maker  of  the  note  and  order 
him  to  pay  the  note  to  the  buyer  instead  of  him.  If,  how- 
ever,  after  such   notice,    the   maker  of   the   note   pays   the 


54  JEWISH     CODE    OF    JURISPRUDENCE 

lender,  the  original  payee,  he  must  also  pay  to  the  buyer' 
of  the  note,  notwithstanding  that  he  paid  to  the  lender. 

3.  If  one  owes  a  lender  a  certain  debt  either  on  a  note 
or  on  money  lent  without  a  note,  and  the  lender  orders  the 
borrower  to  pay  such  debt  to  a  third  party  who  is  present 
at  such  conversation,  the  borrower  must  pay  it  to  the  third 
person,  and  the  lender  cannot  back  out,  even  in  case  he 
makes  the  debt  a  gift  to  the  said  third  party.  This  applies 
also  to  such  a  case  as  where  even  the  third  party  was  not 
born  at  the  time  the  lender  lent  such  money,  upon  which 
the  debt  is  claimed,  to  the  borrower. 

4.  In  the  aforesaid  case,  if  the  debt  is  upon  a  note,  and 
lender  in  the  presence  of  a  third  party  orders  the  borrower 
to  pay  the  debt  to  such  third  party,  and  the  borrower  later 
denies  such  debt,  the  judge  may  order  the  lender  to  pro- 
duce such  note  to  prove  the  debt,  and  when  the  borrower 
discharges  such  debt,  the  judge  may  order  the  lender  to 
surrender  such  note  to  the  borrower. 

CHAPTER  LXIX. 

1.  If  one  gives  a  note  to  the  effect  that  he  owes  some 
money,  the  lender  may  collect  on  the  note  only  on  free 
property,  or  from  the  heirs,  and  if  the  two  witnesses  signed 
the  note  he  may  collect  also  from  sold  property. 

CHAPTER  LXX. 

I .  It  is  forbidden  to  lend  money  without  witnesses,  even 
to  a  learned  man.  The  best  way  is  to  lend  money  on  a 
pledge  but  a  still  safer  way  is  to  lend  money  on  a  note.  The 
one  who  lends  money  without  witnesses  is  like  one  who  puts 


LAW  OF  LOANS  55 

a  stone  in  the  way  of  a  blind  man,  i.  e.,  he  encourages 
perjury. 

2.  If  one  lends  money  before  witnesses,  the  borrower 
may  pay  the  money  to  the  lender,  not  before  any 
witnesses,  except  in  a  case  where  it  was  expressly  provided 
between  the  lender  and  the  borrower  that  the  money  should 
be  paid  in  the  presence  of  witnesses  only. 

CHAPTER  LXXI. 

1 .  The  lender  may  agree  with  the  borrower  before  wit- 
nesses at  the  time  of  making  a  loan  that  the  lender  should 
be  believed  in  all  cases  whenever  he  asks  for  the  payment 
of  the  note,  that  the  note  was  not  as  yet  paid,  unless  the 
borrower  has  a  receipt  from  the  lender  that  the  money  for 
such  note  was  paid. 

CHAPTER  LXXII. 

1 .  If  a  man  lends  money  on  a  pledge,  he  has  no  right 
to  use  such  pledge;  but  if  the  lender  lends  money  to  a 
poor  man  and  gets  for  it  a  pledge  which  will  not  be  spoiled 
by  use,  such  as  a  shovel,  etc.,  then  he  has  a  right  to  rent 
it  to  another  person,  but  not  to  use  it  himself,  and  to  apply 
the  proceeds  for  such  use  toward  the  payment  of  the  debt 
on  the  pledge. 

2.  If  one  lends  money  or  fruits  on  a  pledge,  whether  he 
lent  the  money  before  or  after  the  pledge  was  given,  and 
such  pledge  is  lost,  stolen  or  destroyed,  not  through  his 
fault,  neither  the  borrower  nor  the  lender  can  claim  any 
money  from  each  other.  If,  however,  the  pledge  was  lost, 
stolen  or  destroyed  through  the  fault  of  the  lender,  then  the 
lender  must  pay  for  the  pledge  deducting  the  amount  of  the 


56  JEWISH     CODE    OF    JURISPRUDENCE 

debt.  If  the  borrower  allowed  the  lender  to  use  the  pledge, 
and  if  subsequently  the  pledge  is  lost,  stolen  or  destroyed, 
even  if  the  lender  is  free  from  any  fault  or  carelessness  by 
reason  of  which  such  pledge  was  stolen,  lost  or  destroyed, 
the  lender  must  refund  the  borrower  for  the  pledge,  also 
deducting  the  amount  of  the  debt  due  on  the  pledge. 

3.  If  one  gives  a  pledge  for  a  debt,  and  the  time  of  the 
payment  of  the  debt  arrives,  and  the  borrower  says  that  he 
has  no  money  and  that  the  lender  may  have  the  pledge, 
the  borrower  can  later  back  out  and  will  not  be  precluded 
from  paying  the  debt  and  reclaiming  the  pledge. 

CHAPTER  LXXIII. 

1.  If  one  lends  money,  whether  on  a  pledge  or  on  a  note, 
m  the  absence  of  an  express  statement  as  to  the  time  of  the 
payment  of  the  note  or  of  the  debt  on  the  pledge,  as  the 
case  may  be,  the  lender  cannot  ask  for  the  money  before  the 
expiration  of  thirty  days  after  the  date  of  the  note  or  making 
the  loan. 

2.  If  the  time  of  the  payment  of  a  loan  on  a  pledge  ar- 
rives, and  the  pledge  must  be  sold  for  non-payment  of  the 
amount  due,  the  pledge  must  be  sold  in  the  presence  of  three 
appraisers,  to  appraise  the  worth  of  the  pledge,  and  it  is 
no  more  than  right  that  the  lender  should  not  buy  the  pledge 
for  himself,  but  sell  it  to  some  one  else. 

3.  If  the  borrower  permits  the  lender  to  sell  his  pledge 
for  a  certain  sum,  and  the  lender  goes  to  some  distant  place 
and  sells  it  for  a  bigger  amount,  then,  if  it  appears  that  the 
lender  specially  went  to  that  distant  place  to  sell  the  pledge, 
he  is  entitled  to  the  extra  expenses  attached  to  his  going  to 
that  distant  place;  and  the  balance  belongs  to  the  borrower; 


LAW  OF  LOANS  57 

however,  if  he  did  not  go  there  specially,  the  difference  of  the 
purchase  price  and  that  authorized  by  the  borrower  to  sell 
the  pledge,  should  belong  to  the  borrower. 

CHAPTER  LXXIV. 

1 .  If  one  lends  money  to  another,  payable  at  a  certain 
time  and  can  be  collected  at  any  place,  even  in  a  non-popu- 
lated place,  when  the  debt  becomes  due,  and  the  borrower 
and  the  lender  happen  to  be  in  a  non-populated  place, 
as  for  instance,  in  a  wilderness,  the  lender  may  com- 
pel the  payment  of  the  debt,  provided  the  borrower  has  more 
money  than  the  amount  what  he  will  need  for  spending  in 
taking  him  back  to  his  city;  if,  however,  the  borrower  under 
such  circumstances,  offers  to  pay  the  lender  the  debt 
in  such  an  unpopulated  place,  the  lender  may  rightfully 
refuse  to  take  it,  because  of  the  danger  he  may  encounter 
while  carrying  money  in  such  unpopulated  place.  If,  how- 
ever, the  parties  happen  to  be  in  a  city,  that  is,  a  populated 
place,  other  than  their  own  city,  the  lender  may  also  compel 
the  payment,  provided  the  borrower  has  more  money  than 
the  amount  which  will  require  to  take  him  home,  the 
lender  may  not  refuse  to  take  money  in  payment  of  the  full 
debt  if  the  borrower  offers  to  repay,  even  though  when  he 
has  to  go  to  his  city  he  may  have  to  pass  unpopulated  places, 
such  as  wildernesses  or  deserts. 

2.  If  one  lends  money  on  a  note,  the  lender  cannot  refuse 
to  accept  payments  from  the  borrower  as  installments,  pro- 
vided the  time  for  the  payment  of  the  note  has  not  yet  ar- 
rived. If  the  time,  however,  for  the  payment  of  the  note  has 
arrived,  the  lender  may  refuse  to  accept  installment  payments 
and  demand  the  full  unpaid  debt. 

3.  Where  one  mortgages  his  !wo  houses  for  a  certain  sum. 


58  JEWISH     CODE    OF    JURISPRUDENCE 

and  half  of  the  sum  is  paid,  the  mortgagees  may  right- 
fully refuse  to  discharge  the  mortgage  on  one  house ;  he  may 
either  require  the  other  half  sum,  and  discharge  the  mortgage 
on  both  houses,  or  he  may  still  retain  his  mortgage  on  both 
houses  till  the  other  half  of  the  sum  is  paid. 

4.  The  borrower  cannot  compel  the  lender  to  take  some 
material  or  a  pledge  when  his  debt  becomes  due.  The  lender 
may  require  him  to  pay  the  debt  in  cash. 

5.  It  is  allowed  that  the  borrower  can  pay  the  debts 
before  the  time  of  the  note  expires,  except  when  the  lender 
gives  some  reason;  for  instance,  it  is  dangrous  to  keep  the 
money,  or  derives  some  benefit  from  the  loan. 

6.  If  a  man  borrows  paper  money  and  after  the  govern- 
ment makes  the  paper  money  void,  he  can  return  the  same 
money;  however,  if  it  stated  that  the  borrower  should  re- 
turn money,  the  lender  may  demand  good  money. 

7.  Brothers  or  partners,  when  they  come  to  divide  and 
they  have  some  notes,  they  must  be  appraised  according  to 
the  time  and  according  to  the  credit  of  the  debtors. 

8.  If  they  have  only  one  note  in  their  possession  so  they 
can  auction  between  each,  and  either  one  may  say  to  the 
other,  "You  may  pay  me  half,  or  I  will  pay  you  half." 
After,  when  they  divided  the  notes,  and  the  notes  are 
spoiled,  the  bearer  must  bear  the  loss. 

9.  If  the  borrower  takes  oath  to  pay  on  a  certain  day, 
and  that  day  falls  on  a  Saturday  or  a  holiday,  he  must 
pay  a  day  before.  If  the  lender  is  not  in  the  city,  the 
borrower  must  have  the  money  ready  until  he  comes  and  is 
not  allowed  to  make  any  use  of  that  money. 

10.  If  R  has  a  note  of  B  and  R  comes  to  the  court 


LAW   OF  LOANS 


59 


before  the  time  expires  and  he  says,  "I  find  the  borrower's 
goods  and  I  want  to  make  an  attachment.  I  am  afraid  if 
I  wait  until  the  time  has  come,  he  may  run  away,  or  destroy 
it,  all  his  goods,  and  later  I  will  have  nothing  to  collect  from 
him."  If  the  judge  sees  some  good  reason  that  his  words 
are  true,  he  can  attach  the  goods. 

1  I .  The  same  is  a  verbal  loan  for  a  certain  time.  When 
the  borrower  confesses.  If,  when  the  lender  sees  he  is  a 
great  spender  and  he  has  no  real  estate  or  he  wants  to  go  far 
away,  the  lender  can  ask  the  court  for  an  order  to  compel  the 
borrower  to  pay  at  once  or  give  him  a  surety  man.  If  the 
judge  sees  his  words  are  sensible  he  may  do  it. 

CHAPTER  LXXV. 

1 .  When  a  man  claims  from  another  $100  and  the  other 
confesses  only  for  $50,  he  must  pay  $50  and  swear  on 
the  other  $50.  If  he  has  one  witness  testifying  same,  he 
does  not  have  to  swear,  but  if  he  denies  the  claim  for  $100, 
he  must  only  have  a  light  oath. 

2.  If  the  confessor  for  the  half  amount,  puts  the  amount 
in  cash  on  the  same  minute,  he  is  not  guilty  to  swear. 

3.  If  nobody  asks  for  the  money  and  he  himself  confesses 
that  "I  once  owed  to  your  father  $100  and  I  gave  him  $50; 
and  I  will  give  you  $50,"  he  is  not  liable  to  swear. 

4.  R  says  to  B,  "I  owe  you  $100."  B  answers,  "I  am 
sure  you  do  not  owe  me  anything,"  even  if  R  is  certain 
that  he  owes  him  $1  00,  he  does  not  have  to  give  him  the 
amount  because  B  pardoned  him. 

CHAPTER  LXXVI. 
1.   If  one  borrows  from  two  lenders  $300;   from  one, 
$100,  and  the  other,  $200,  at  the  same  time,  and  when 


6o  JEWISH     CODE    OF    JURISPRUDENCE 

the  time  has  come  to  pay,  each  claim  that  he  is  the  lender  of 
the  $200 ;  borrower  must  pay  each  $200  because  he  should 
have  remembered  which  loaned  him  the  $200,  therefore 
the  borrower  is  to  blame. 

2.  However,  if  the  borrower  gave  a  note  on  that  $300 
and  the  note  comes  from  one  hand,  he  must  pay  $100  to 
each  one  and  the  balance  he  must  keep  till  they  both 
bring  good  evidence 

3.  If  one  loans  $100  m  the  presence  of  two,  and  when 
the  time  of  payment  comes  both  claim  that  he  is  the  owner 
of  the  $100,  the  borrower  must  give  each  one  $100,  because 
he  must  remember  which  one  loaned  him  the  $1  00,  so  he 
IS  to  blame. 

CHAPTER  LXXVII. 

1 .  If  two  loan  from  one  m  one  time  in  one  note,  or,  if 
they  take  goods  on  credit  from  one,  each  one  is  surety  for  the 
other,  and  the  one  that  paid  all,  can  collect  from  the  other, 
the  half,  and  if  one  is  not  able  to  pay  his  half  he  can  collect 
the  entire  debt  from  the  other. 

2.  If  one  of  the  partners  borrow  some  money  for  the 
business,  the  business  is  responsible  for  the  credit  even  if  the 
other  partner  was  not  present,  but  he  must  prove  that  the 
credit  was  for  the  partnership.  • 

3.  If  two  were  surety  for  one  borrower,  the  lender  can 
collect  from  each  the  whole  amount,  and  if  he  cannot 
obtain  enough  from  one,  he  can  collect  the  rest  from  the 
other. 

4.  If  two  suretys  for  one  borrower  and  the  lender  pardons 
one  of  the  surety,  he  can  collect  all  from  the  other. 


LAW  OF  LOANS  6l 

5.  One  borrows  money  from  two  lenders  on  one  note 
and  one  of  the  lenders  pardons  all  the  debt;  the  other  can 
collect  the  half  because  he  is  not  allowed  to  pardon  all 
of  the  amount. 

6.  Two  borrowers  borrow  money  from  one  lender  on 
one  note  and  the  lender  pardons  one,  nothing  can  be  col- 
lected from  the  other. 

7.  If  one  borrower  borrows  from  two  lenders  and  the 
note  is  written  in  one  name  and  the  other  whose  name  is  not 
in  the  note  comes  for  collection,  he  can  be  refused. 

8.  When  two  loan  or  deposit  some  money  m  one  note 
in  both  of  their  names,  and  one  comes  to  take  his  share, 
the  borrower  can  refuse  to  give  out  the  money  on  account 
of  the  other  not  being  present. 

9.  If  a  wife  borrows  money,  the  husband  is  responsible 
for  payment. 

CHAPTER  LXXXV. 

1 .  R  brought  a  note,  endorsed  by  a  notary,  for  collection 
of  B  and  B  claims  that  he  bought  a  field  from  R  after  the 
note  is  due  and  it  proved  by  the  deed  that  the  note  is  paid 
already  for  which  I  have  a  receipt  and  lost  it,  and  that  is 
evidence  that  I  paid  the  note  because,  when  not,  why  did 
you  not  take  the  money  for  your  debt?  If  it  is  a  custom 
in  that  locality  to  receive  the  money  before  giving  the  deed, 
then  B  is  believed  and  if  it  is  a  custom  in  that  locality  io 
give  the  deed  and  after  receive  the  money,  then  R  is  believed. 

2.  R  brought  a  note  endorsed  by  a  notary  for  collection 
of  B  and  B  brought  a  note  dated  after  R's  note  was  due. 


62  JEWISH     CODE    OF    JURISPRUDENCE 

and  B  claims  if  your  note  is  correct,  why  did  you  take  the 
money  for  collection?     B  is  believed. 

CHAPTER  LXXXVI. 

1 .  If  B  loaned  $1 00  to  R  and  R  loaned  C  $1 00,  and  R 
has  nothing  to  pay  B,  B  can  go  to  C  and  collect  the  $100 
which  C  owes  R. 

2.  If  the  loan  from  B  to  R  was  verbal  and  the  loan  from 
R  to  C  was  with  a  note  and  C  sold  all  the  removable  prop- 
erty and  R  confesses  that  he  owes  B  the  money,  then  B  can 
collect  from  the  sold  property  with  the  power  of  C's  note 
toR. 

3.  If  C  claims  that  R  was  doing  him  a  favor  with  the  loan 
he  promised  him  not  to  collect  from  him  for  a  long  time  until 
he  is  able  to  pay,  and  if  these  words  are  not  written  in  the 
note  it  will  not  be  believed. 


THE  LAWS  FOR  OATHS. 

CHAPTER  LXXXIX. 

1 .  By  the  Laws  of  the  Holy  Scriptures  every  time  lays 
the  swearing  of  the  defendant  to  swear  and  not  pay,  only 
in  this  is  the  difference  by  the  five  that  swear  and  take  money. 

2.  TTie  laborer  1.  Rabt  2.  Victim  3.  Storekeeper 
with  his  book  4.  In  the  time  when  the  defendant  is  falsely 
convicted  5.     The  plaintiff  must  swear  and  take  the  money. 

3.  If  the  laborer  does  the  work  in  the  possession  of  the 
employer,  the  employee  claims  the  money  and  the  em- 
ployer says  that  I  have  paid  all  or  half,  even  if  the  whole 
amount  of  work  was  worth  only  one  cent,  the  employee  must 


LAW  OF  CLAIMANT  AND  RESPONDENT  63 

swear  and  take  his  labor  money,  even  if  the  employer  was 
under  age.  .  . 

4.  If  the  doubt  is  in  the  price  of  the  labor,  for  in- 
stance, the  employer  says,  "I  have  hired  you  for  $2  a  day," 
and  the  employee  says  $3,  consequently,  the  employee  must 
bring  evidence. 

5.  If  a  man  gives  to  a  laborer  his  coat  to  repair  or  any- 
thing in  his  possession  and  the  employer  says,  "I  hired  you 
for  $2,"  and  the  employee  says  $3,  so  the  employer  must 
bring  evidence.  If,  later,  the  employee  gives  back  the  coat 
so  the  employee  must  bring  witness. 

6.  If  a  robber  came  into  a  house  and  robbed,  later  there  is 
a  doubt,  the  owner  says  the  robbery  amounted  to  $100  and 
the  robber  says  only  $50,  the  owner  must  swear  and  take 
his  money. 

7.  The  owner  can  only  claim  such  things  that  were  pos- 
sible to  be  m  his  possession.  The  swearing  can  be  attended 
to  by  his  wife,  watchman  or  any  member  of  the  house. 

8.  When  one  gives  to  another  a  bag  to  watch  and  later 
for  his  gross  negligence  and  it  is  stolen  the  owner  says  the 
bag  contained  gold  and  diamonds  and  the  watchman  says 
he  cannot  tell  what  was  m  the  bag,  there  might  have  been 
paper  or  sand,  the  owner  of  the  bag  must  swear  and  take  the 
money.  If  there  were  such  thmgs  which  the  owner  of  the 
bag  possibly  had. 

CHAPTER  XC. 

1 .  If  witnesses  see  that  a  man  goes  to  a  house  strong 
and  healthy  and  later  when  he  departs  the  witnesses  see 
that  he  was  wounded,  the  owner  claims  that  he  wounded 


64  JEWISH     CODE    OF    JURISPRUDENCE 

himself  and  the  visitor  says  that  the  owner  wounded  him, 
the  visitor  can  swear  and  take  money. 

2.  If  according  to  the  wounds  it  is  understood  that  he 
did  not  do  it  himself,  the  visitor  saves  swearing. 

CHAPTER  XCI. 

1.  The  employer  said  to  the  storekeeper:  "Give  to  my 
employee  $1.00  worth  of  goods";  and  the  employer  con- 
fesses that  he  said  so.  The  storekeeper  claims,  "I  gave  it 
to  him  already,"  and  the  employee  says,  "I  did  not  accept 
it,"  then  both  of  them  must  swear  and  take  the  money  from 
the  employer.  If  the  employer  is  a  minor,  the  employee  gets 
the  $1 .00  and  the  storekeeper  is  not  entitled  to  it. 

2.  In  case  one  of  them  is  not  in  the  presence,  for  in- 
stance, the  storekeeper  or  employee  dies  and  one  claims,  then 
he  can  take  the  money  without  swearing. 

3.  In  case  the  employer  gives  in  cash  $1.00  to  the  store- 
keeper in  the  presence  of  the  employee  and  the  employee 
was  satisfied,  the  employer  is  not  liable. 

4.  We  can  take  evidence  from  books,  for  instance,  R 
gives  to  C  $1,000  for  business  without  note  and  C  dies 
without  will  and  later  it  is  found  that  he  wrote  in  the  book 
remembering  that  he  received  the  $1,000.  We  must  return 
the  $1,000  toR. 

3.  A  woman  goes  into  a  store  for  an  order,  and  the  store- 
keeper puts  it  into  her  bag,  and  later  the  storekeeper  claims 
that  she  did  not  pay;  the  woman  claims  that  she  did  pay; 
then  the  woman  is  believed  as  long  as  it  is  in  her  bag.  In 
case  she  pays  in  advance  and  does  not  receive  her  goods  and 
the  storekeper  claims  that  he  delivered  the  goods,  then  is  the 
storekeeper  believed. 


LAW  OF  UNTRUSTWORTHY  ^e 

CHAPTER  XCII. 

1.  Any  person  whose  oath  is  not  trustworthy  is  not  per- 
mitted to  take  any  oath,  hght  or  severe;  even  if  the  plain- 
tiir  IS  satisfied  to  accept  it. 

2.  What  is  an  untrustworthy  person? 

3.  If  he  had  once  denied  knowledge  of  an  affair  and  it 
was  later  discovered  that  he  knew. 

4  If  something  had  been  entrusted  to  him  and  he  de- 
nied it. 

5.  If  he  had  once  sworn  falsely. 

6.  If  he  had  sworn  that  he  would  do  it  in  the  future  and 
later  failed  to  do  it. 

7.  If  he  is  untrustworthy  as  a  witness,  as  stated  in  the 
Laws  of  Witnesses"  his  oath  too  is  not  trustworthy. 

8.  If  he  denies  a  debt,  so  long  as  he  did  not  take  an  oath 
he  IS  trustworthy;  but  if  he  denies  a  trust  he  loses  his  repu- 
tation.    If  witnesses  had  seen  the  trust  in  his  charge. 

9.  If  he  later  returns  the  trust  his  reputation  is  clear. 

10.  A  man  can  only  lose  his  reputation  through  testimony 
of  witnesses,  not  by  his  own  confession. 

11 .  If  that  same  confessor  is  respondent  and  he  swears  to 
be  free  from  liability,  his  oath  is  valid,  but  if  he  is  one  of 
the  five  who  swears  and  takes  the  money  his  oath  is  not  valid. 

12.  If  the  respondent  is  untrustworthy,  the  claimant  must 
take  an  oath  only  on  condition  that  he  is  absolutely  certain 
of  the  claim. 

13.  If  an  untrustworthy  person  was  a  watchman  gratis 


66  JEWISH     CODE    OF    JURISPRUDENCE 

and  he  states  that  his  trust  was  lost  or  stolen,  he  has 
to  take  an  oath.  But  his  oath  is  not  valid  because  he  is 
untrustworthy,  and  the  oath  Cannot  be  reversed  to  the  claim- 
ant because  his  claim  is  not  absolutely  certain,  then  the 
watchman  must  pay  for  the  claim  without  oath  of  claimant. 

14.  However,  if  the  claimant  is  sure  that  he  had  seen 
the  watchman  make  use  of  the  trust,  then  the  claimant 
takes  an  oath  and  has  the  right  to  collect  the  money. 

15.  If  an  untrustworthy  person  holds  a  note  on  orphans 
whose  father  had  borrowed  money,  since  the  "Law  of 
Orphans"  states  that  no  money  can  be  collected  from  them 
without  an  oath,  and  since  neither  he  nor  the  orphans  can 
take  an  oath,  the  former  loses  all. 

1 6.  A  man  has  taken  an  oath,  and  later  witnesses  testify 
that  he  is  an  untrustworthy  man.  If  he  was  a  respondent 
and  his  oath  made  him  free  from  liability,  the  claimant  takes 
an  oath  and  takes  the  money.  If  he  was  claimant  and  took 
the  money  he  must  return  it. 

1  7.  If  an  untrustworthy  person  is  punished  by  the  court 
and  atones  for  his  sins,  he  regains  his  trust  both  as  a  witness 
and  in  oaths. 

CHAPTER  XCIII. 

1 .  The  following  persons  can  be  given  an  oath  even  if 
the  claimant  is  not  absolutely  certain, 
i.  A  partner, 
ii.  An  agent. 

iii.  An  executor,  appointed  by  the  court, 
iv.  A  woman  who  does  business  in  her  home  or  in 

a  store. 
V.   Superintendents. 


LAW  OF   COURT  OATHS— Chap.   93  (,y 

eJn  Hz  ""T"   ''  ^"T'f""'''  '°  ^"y  <"•  ^^11   goods, 
even  ,t  he  makes  no  profit  but  only  comes  to  collect  ex 
penses  from  the  sender,  he  can  be  given  an  oath. 

oJsJJ.T/  ^^'-]  "■'  K°*  "'"^  '"  ""=  business,  one 

other      Ff     °"'  '"     •?•  '"'^  ""  '^''"^"^  ^"  °«'h  from  the 
other.     If  one  ,s  a  silent  partner,  he  can  demand  an  oaVh 
from  the  active  partner,  but  he  ,s  not  liable  to  an  oath 
4.   In  all  the  above  cases  an  oath  can  only  be  demanded 

and'tl!e;el!ill  '"""  ^'''"'"  ^'^  ^^'^^^^  "P  ^^^''^  business 
and  there  ^11  remains  a  note  on  a  customer,  that  note  i. 
to  be  equally  divided.     No  oath  can  be  demanded. 

6.  If  however,  goods  are  left  which  have  not  yet  been 
measured  or  evaluated  an  oath  can  be  demanded. 

/.  If  R  mvested  $400  and  B  invested  $200  and  R  was 
lost  SsSoTd  R^'  ^"^,'"?^V-d  claims  that  the  business 
ost  $500  and  B  doesn  t  believe  it,  R  must  take  an  oath 

t^nnl  "T'^''  ""^  ^'  ''  ^^^"  ^"titled  to  the  re 
mammg  $100  but  he  cannot  demand  the  other  $50  from  B. 

8.  If  R  claims  that  B  knows  of  the  loss,  then  B  can 
take  an  oath  that  he  does  not  know  it. 

9.  If  B  was  a  silent  partner  he  can  take  a  light  oath 
that  he  IS  Ignorant  of  the  loss,  and  if  he  has  access  to  the 
remaining  $100  he  ,s  entided  to  half  of  the  $100  if  it  is  m 
nis  possession. 

10.  If  B  claims  that  the  firm  is  in  debt  $100  to  X    if 
b  has  in  his  power  to  pay  X  the  amount  he  is  entrusted 
and  the  debt  must  first  be  paid  and  the  reckomng  made  later 
It  it  is  not  m  his  power  to  pay  and  R  doesn't  recognize 


68  JEWISH     CODE    OF    JURISPRUDENCE 

the  debt,   B  cannot  draw  the  money   from  R  because  it 
might  have  been  a  conspiracy  between  him  and  X. 

1  1 .  However,  if  B  claims  that  R  knows  certainly  that 
the  firm  is  in  debt  to  X,  then  R  has  to  take  a  light  oath 
that  he  is  ignorant  of  the  debt  and  he  is  free  from  liability, 
but  B  must  pay  X. 

12.  If  X  owes  the  firm  $100  in  B's  name  and  B 
claims  that  he  had  already  collected  the  money  and  had 
invested  it  in  the  business  or  that  he  had  given  X  several 
years  extension,  B  is  not  trusted  because  it  might  be  a 
conspiracy  against  R.  If  B  cannot  prove  by  evidence  that 
the  money  had  been  collected  and  reinvested  in  the  firm, 
he  must  pay  the  $100  himself  immediately  and  X  either 
is  free  from  the  debt,  or  B  himself  is  responsible  for  the 
collection. 

13.  However,  if  the  note  is  m  the  firm's  name  and  is  de- 
posited with  R,  then  even  if  B  claims  that  he  has  already 
collected  from  X  he  is  trusted  only  in  half  value  of  the 
note,  while  R  can  collect  the  other  half  either  from  X  or 
from  B. 

14.  If  two  partners  sell  goods  on  credit  and  get  a  note 
as  payment,  and  they  endorse  the  note  and  in  turn  use  that 
to  pay  their  bills,  and  then  they  have  a  division  of  the 
business,  each  partner  has  a  right  to  demand  from  the  other 
a  guarantee  and  security  on  half  of  the  endorsed  note  in 
case  the  note  is  protested. 

15.  If  the  partners  divide  their  business  and  in  it  there 
is  some  money  that  was  found  and  was  invested  in  the 
business  or  they  had  some  pawned  goods  which  they  sold, 
and  one  partner  B  says  that  he  is  afraid  for  trouble  from  the 


LAW  OF  COURT  OATHS Chap.  93  69 

owners  of  the  found  or  pawned  goods  and  demands  a  note 
for  security  from  the  other  partner,  he  is  not  entitled  to  a 
note,  but  he  must  repeat  the  statement  before  witnesses 
who  write  down  his  statement  and  give  the  sHps  to  B. 

16.  If  R  and  B  invest  in  a  business  and  B  takes  in  his 
brother  for  the  welfare  of  the  business  with  the  knowledge 
but  not  with  the  permission  of  R  and  then  at  the  division  of 
profits  R  claims  that  nothing  is  due  to  B's  brother  because 
he,  R  did  not  give  his  permission,  the  law  entitles  B's  brotht-r 
to  his  profit  according  to  his  share  in  money. 

1 7.  If  one  partner  sells  goods  on  credit  in  a  locality 
where  it  is  customary  to  sell  on  credit,  and  he  can  prove 
that  the  credit  was  for  the  welfare  of  the  business,  he  can 
take  an  oath  and  the  other  partner  must  assume  half  respon- 
sibility for  the  credit. 

CHAPTER  XCIV. 

1 .  When  the  respondent  takes  an  oath,  then  the  claim- 
ant may  impose  further  money  claims  upon  this  oath. 

2.  When  the  laborer  takes  an  oath  to  collect  wages  no 
further  claims  may  be  imposed  upon  this  oath. 

3.  Additional  claims  may  only  be  imposed  upon  oaths 
based  on  certainties. 

4.  If  the  claimant  wishes  to  impose  too  many  claims 
upon  the  respondent  and  the  latter  offers  to  settle  payment 
for  first  claims  to  save  further  embarrassments,  then  the  court 
may  intervene  forcing  him  to  pay  all  claims  or  take  oath 
covering  all  claims. 

5.  The  respondent  has  the  right  to  impose  oath  upon 
claimant  for  additional  claims  after  which  respondent  claims 
for  same. 


yO  JEWISH     CODE    OF    JURISPRUDENCE 

6.  If  the  respondent  offers  to  pay  the  debt  immediately 
after  the  claim  is  made  the  claimant  cannot  impose  addi- 
tional claims  upon  him. 

7.  If  the  respondent  offers  to  settle  payment  for  the  first 
claim  and  the  court  refuses,  stating  that  he  must  pay  all 
additional  claims,  he  can  take  an  oath  even  on  the  first 
claim. 

8.  If  an  oath  is  imposed  upon  an  untrustworthy  person, 
then  he  must  settle  payment  for  claims  and  no  further  addi- 
tional claims  may  be  imposed  upon  him. 

9.  When  A  may  claim  $100  and  the  respondent  con- 
fesses $50  and  he  is  in  doubt  on  the  other  $50  and  the 
claimant  wants  to  impose  additional  claims  on  him,  he  is 
only  liable  to  pay  the  claim  for  $100. 

10.  When  a  man  claims  $100  and  the  respondent  con- 
fesses $50  and  denies  $50  and  the  claimant  wants  to  impose 
additional  claims  on  him,  and  the  respondent  states  that 
he  is  in  doubt  as  to  the  additional  claims,  he  must  take  an 
oath  on  the  $50  and  is  not  liable  for  the  additional. 

CHAPTER  XCV. 

1 .  Only  light  oaths  may  be  imposed  upon  land  or  notes. 

2.  The  person  in  charge  of  land  or  note  is  not  answerable 
in  case  of  loss  unless  that  loss  be  the  result  of  negligence. 

CHAPTER  XCVII. 

1 .  It  is  a  command  to  borrow  money  to  the  poor ;  it 
is  more  of  a  command  to  borrow  than  to  give  charity.  The 
poor  relative  comes  before  the  strange  poor  man.  A  poor 
man  of  this  city  comes  before  the  poor  man  of  another  city. 


LAW     OF     COURT   OATHS  yj 

It  IS  even  a  command  to  borrow  a  rich  man  and  give  him 
good  advice  in  business. 

2.  A  poor  man  is  not  allowed  to  be  crushed  for  his  debt 
when  the  lender  knows  he  has  not  got  any  money,  even  to 
see  him  personally  and  make  him  feel  embarrassed. 

3.  The  borrower  is  not  allowed  to  say  that  he  has  not 
got  any  money  to  pay  when  he  has  it. 

4.  If  the  lender  knows  the  man  to  have  such  a  bad  char- 
acter and  borrows  money  and  then  does  not  pay,  it  is  better 
not  to  loan  him  and  then  go  to  crush  him. 

5.  When  the  lender  goes  to  the  court  to  take  a  pledge 
or  to  collect,  the  court  must  dictate  the  just  law  and  not  feel 
pity  on  the  poor. 

6  When  It  is  necessary  to  take  a  pledge,  the  lender 
must  not  go  himself,  but  must  send  a  court  messenger. 

U  J'f^^l  t^  messenger  is  not  allowed  to  go  in  the  house, 
but  It  he  finds  anything  outside,  then  he  can  take  it.     Even 

Thvin  ^  '^"  ^^^'  °"^^  "^^^^  ''  "°^  "^^^'^  *°  "^^^^ 

8.  If  the  borrower  of  his  own  free  will  gives  the  mes- 
senger anything  even  from  what  he  makes  a  living,  he  can 

9.  We  cannot  take  a  pledge  from  the  widow  after  the 
loan  IS  made  whether  she  be  rich  or  poor. 

10.  We  are  allowed  to  go  into  the  house  of  the  surety 
man  and  take  things  from  which  he  does  not  make  a  living. 

1  I .  For  labor  for  him  or  for  his  cattle  or  for  rent  we 
are  allowed  to  go  inside  and  take  a  pledge  without  the  per- 
mit or  the  court. 


72  JEWISH     CODE    OF    JURISPRUDENCE 

12.  When  the  time  of  the  debt  comes  due  and  the  bor- 
rower refuses  to  pay  and  we  know  that  he  has  articles  in  the 
house  to  pay  the  debt,  the  court  messenger  is  allowed  to 
go  in  and  take  the  articles  to  cover  the  debt. 

1  3.  When  we  know  that  he  has  not  got  anything  we  can- 
not compel  the  borrower  to  hire  himself,  make  him  work 
for  the  lender  to  pay  the  debt,  and  we  are  not  allowed  to 
arrest  the  borrower. 

14.  When  we  know  that  the  borrower  has  money  and  re- 
fuses to  pay,  then  we  are  allowed  to  arrest  him  and  com- 
pel him  to  pay. 

15.  When  the  time  comes  for  collection  we  cannot  col- 
lect from  his  personal  property. 

1 6.  We  mu?t  appraise  everything  and  leave  for  the  bor- 
rower 30  days'  support  and  clothing  for  12  months,  except- 
ing the  dear  clothing.  We  cannot  take  the  furniture,  the 
pillows,  the  bed  and  we  cannot  touch  things  that  belong  to 
his  wife  and  to  his  children. 

1  7.  Even  if  the  wife  has  any  material  ready  for  garments 
we  cannot  touch  it. 

18.  If  the  borrower  was  a  laborer  we  must  leave  him 
two  of  each  kind  of  tools. 

1  9.  For  instance,  if  the  borrower  has  one  of  a  tool,  we 
must  leave  him  that  one,  but  if  he  has  three  or  more  of  the 
same  kind  of  a  tool,  we  must  only  leave  him  two  of  that 
kind  and  take  the  others. 

20.  We  are  allowed  to  take  for  the  debt,  5  Scrolls  of 
Law,  books,  even  his  seat  at  the  synagogue,  horses,  yacht, 
etc.,  even  if  he  cannot  make  a  living  without  it. 


LAW    OF    COLLECTION  '/I 

21 .  If  the  wife  borrows  money  for  support  when  the  hus- 
band is  away,  he  cannot  collect  from  the  appraised  goods. 
The  money  that  she  has  for  her  dowry  cannot  be  touched, 
including  her  trousseau — when  the  money  is  in  her  name. 

22.  However,  if  the  borrower  swore  that  he  will  pay, 
everything  can  be  taken  from  him  and  it  is  his  duty  to  sell 
everything  to  pay  the  debt.  He  must  do  everything  to  keep 
his  oath. 

23.  Removable  or  not  removable  property  must  be  left 
him  according  to  the  above  law.  And  when  the  borrower 
agrees  in  the  time  when  the  loan  is  made  not  to  have  any- 
thing left  him,  the  lender  is  allowed  to  take  everything. 

CHAPTER  XCVIII. 

1 .  A  note  endorsed  by  a  notary  even  a  very  long  time 
ago  and  not  collected  yet  is  valuable  and  the  borrower  must 
pay.  Only  the  court  must  make  some  good  inspection  why 
the  note  was  not  collected  before. 

CHAPTER  CXVII. 

1 .  If  a  man  gives  a  house  or  field  as  a  mortgage  for  a 
loan  and  that  house  is  destroyed  by  fire  or  flood,  he  can 
collect  from  other  property,  so  long  as  this  property  exists; 
he  can  not  give  him  any  other  property,  except  cash. 

2.  If  he  sold  his  property  and  has  no  other  goods  from 
which  to  collect,  and  the  buyer  of  this  property  refuses  to 
give  him  cash,  he  can  take  the  property. 

3.  However,  if  the  borrower  said  collect  only  from  this 
house,  he  cannot  collect  from  any  other  property.  If  the 
mortgaged  house  is  sold  and  the  loaner  comes  to  collect 


74  JEWISH     CODE    OF    JURISPRUDENCE 

from  the  house  and  the  buyer  wants  to  pay  him  in  cash  for 
the  loan,  he  can  refuse  the  cash  and  demand  the  house. 

4.  In  the  case  of  a  pledge  the  same  law  holds  good  as 
in  a  mortgage. 

5.  A  mortgage  made  on  removable  property  and  said 
property  is  sold,  the  lender  cannot  collect  it  from  the  buyer. 

6.  In  land  the  first  payment  must  be  made  to  the  first 
lender,  in  removable  property  there  is  no  first  and  if  the 
last  lender  collects  it,  he  has  a  right  to  it. 

CHAPTER  CXX. 

1.  If  the  lender  demands  his  money,  and  the  borrower 
throws  the  money  in  his  presence,  and  after  said  money  gets 
lost  even  if  the  lender  ordered  him  to  throw  it,  the  borrower 
is  still  responsible;  except  if  he  says,  "Throw  me  the  money 
and  be  free  from  all  liability."  In  that  case  even  if  he 
throws  the  money  far  from  the  lender,  he  still  is  not  liable. 

2.  If  the  borrower  offers  the  money  and  the  lender  re- 
fuses to  accept  it,  and  if  the  offer  is  made  in  a  place  where 
it  is  permitted  to  pay,  and  the  borrower  throws  the  money 
to  him  against  his  will,  the  borrower  is  free  from  liability. 

3.  If  the  borrower  says  to  the  lender,  "Your  money  is 
lying  ready  for  you  in  a  separate  package  in  my  house, 
call  and  take  it,"  and  the  lender  refuses  and  then  the  money 
is  lost  or  stolen,  not  due  to  the  negligence  of  the  borrower,  he 
is  free  from  liability, 

4.  If  the  borrower  pays  his  debt  to  the  wife  of  the  lender, 
the  payment  is  valid. 


LAW  TO  APPOINT  MESSENGER  TO  COLLECT  DEBTS  75 

CHAPTER  CXXI. 

1.  If  the  borrower,  by  written  order  of  the  lender  sends 
the  money  through  the  messenger  mentioned  in  the  order, 
even  if  the  messenger  is  a  mmor,  or  deaf,  or  an  idiot  and 
the  money  is  lost,  or  the  messenger  denies  having  had  it,  the 
borrower  is  free  from  liability. 

2.  If  the  borrower  is  permitted  by  the  lender  in  a  written 
order  to  send  it  through  his  own  messenger,  and  he  sends 
a  trustworthy  man  m  a  safe  way,  he  is  not  liable. 

3.  However,  if  he  sends  an  untrustworthy  man  or  in  a 
dangerous  way,  the  borrower  is  liable  because  these  means 
were  not  permitted  by  lender. 

4.  If  the  lender  does  not  appoint  a  definite  messenger 
but  only  gives  a  man  his  signature  for  identification  and 
permits  him  to  collect  from  the  borrower,  if  the  latter  is 
wilhng  to  pay  it,  and  the  witnesses  testify  that  the  signature 
is  genuine  but  that  they  can't  testify  whether  the  man  is  the 
lender's  messenger,  and  the  money  is  lost,  the  borrower  is 
liable. 

5.  If  the  lender  appoints  a  legal  messenger  and  the  mes- 
senger claims  that  he  did  not  receive  any  money  and  the 
borrower  claims  that  he  did  pay,  the  messenger  must  take 
a  light  oath  in  the  presence  of  the  two  and  he  is  free 
from  liability.  Then  the  borrower  takes  a  light  oath  in  the 
presence  of  the  other  two,  the  messenger  and  the  lender, 
the  two  are  free  from  liability. 

6.  If  the  messenger  is  not  appointed  by  the  lender  but 
is  sent  by  the  bdrrower  and  the  lender  denies  that  he  received 
the  money  while  the  messenger  claims  that  he  delivered  the 
money,  the  messenger  takes  a  light  oath  and  is  free  from  lia- 


yd  JEWISH     CODE    OF    JURISPRUDENCE 

bility,  and  the  lender,  since  he  demands  the  money,  must  take 
a  severe  oath  and  he  then  has  a  right  to  the  money. 

7.  If  the  borrower  himself  sees  the  messenger  deliver 
the  money,  then  the  messenger  is  free  from  a  light  oath  and 
can  act  as  a  witness  that  the  money  has  been  paid,  then  the 
borrower  is  not  liable. 

8.  However,  if  the  messenger  comes  alone  to  the  bor- 
rower and  says  that  he  gave  the  money  to  the  lender,  he 
is  not  liable  to  any  oath,  also  if  the  messenger  has  died 
and  the  lender  comes  alone  to  collect  his  debt,  he  is  en- 
titled to  collect  it  only  on  his  word  of  honor. 

9.  When  a  man  sends  a  messenger  with  anything  to  pawn 
and  the  messenger  forgot  where  he  pawned  it,  or  says  where 
and  the  pawnbroker  denies  it,  it  is  negligence  on  the  part  of 
the  messenger  and  he  is  liable  to  pay  for  it  because  he  must 
remember  where  he  pawned  it  or  it  was  his  duty  to  pawn  it 
before  witnesses. 

10.  However,  if  the  owner  tells  him  where  to  pawn  it 
and  the  pownbroker  denies  it,  the  messenger  is  not  liable 
to  pay. 

1  1 .  R  comes  with  a  message  from  B  to  collect  from  A 
$50  and  he  collected  it  and  B  claims  that  he  sent  him  only 
for  twenty  and  he  only  brought  him  twenty.  B  must  swear 
that  he  only  got  twenty  and  that  he  only  sent  him  for 
twenty  and  then  he  can  collect  the  balance  and  R  must 
swear  that  he  received  $20  and  he  gave  to  the  lender, 
and  then  R  is  free  from  liability. 

CHAPTER  CXXVI.    - 

1 .  R  had  $100  by  B.  Either  a  loan  or  a  storage  and  R 
says  to  B,  "Give  the  $100  to  C,"  in  the  presence  of  these 


LAW  OF  COLLECTING  DEBTS  ^'J 

three  whether  I  give  it  to  C  in  payment  of  a  loan  or  for 
a  present,  it  is  legal  and  R  and  B  cannot  back  out.  R 
cannot  pardon  B  even  if  C  was  born  after  R  loaned  the 
money  to  B. 

2.  However,  if  R  hasn't  any  money  by  B  and  B  under- 
takes to  pay  C  $100,  B  can  back  out  even  if  he  started  to 
pay.  If  B  gave  the  $100  to  C  he  is  entitled  to  collect  il 
from  R. 

3.  If  R  has  m  storage  by  B  one  ton  of  wheat  and  R  says 
in  the  presence  of  the  three,  "Give  C  $50  because  I  have  a 
ton  of  wheat  in  your  storage,"  and  B  promises  and  after  B 
backs  out.  If  R  says,  "Give  C  $50  in  cash,"  C  is  not  en- 
titled to  it  because  B  can  say  that  it  is  not  my  duty  to  sell 
the  wheat  and  pay  your  debts,  even  if  C  says  he  wants  $50 
worth  of  wheat,  B  can  say  he  has  no  command  from  R 
to  give  wheat.  i  - 1 

4.  However,  if  R  doesn't  mention  cash,  he  says  only 
"Give  C  $50  from  the  wheat,"  C  is  entitled  to  take  $50 
worth  of  wheat. 

5.  If  the  wheat  was  a  loan  by  B  and  C  wants  $50 
worth  of  wheat,  he  is  entitled  to  it. 

6.  If  the  third  party  was  not  there  then  both  can  back 
out. 

7.  The  transaction  of  the  three  parties  is  not  valid  unless 
the  third  party  says  to  the  lender,  "I  release  you,"  but  if 
he  doesn't  say  this,  he  can  go  back  to  the  lender  when  B, 
borrower,  refuses  to  pay  him. 

8.  If,  at  the  time  of  the  transaction  C  finds  that  B  is  poor, 
the  transaction  is  invalid,  but  if  at  the  time  of  the  transaction 
B  was  rich  and  later  he  became  poor  the  transaction  is  valid. 


7^  JEWISH     CODE    OF    JURISPRUDENCE 

9.  If  B  claims  after  looking  over  his  account  that  he 
doesn't  owe  R  anything  and  he  says  that  I  made  a  mistake 
in  my  confession,  B  must  prove  with  witnesses  that  he  tells 
the  truth,  then  he  is  not  liable,  and  if  he  cannot  prove  this 
he  is  liable. 

10.  If  R  confesses  that  B  made  a  mistake  in  $1 00  which 
he  paid  to  C,  if  R  is  a  man  from  whom  it  is  possible  to 
collect  the  $100,  his  statement  is  believed,  if,  however,  he 
has  nothing  from  which  to  collect  even  if  he  has  one  wit- 
ness, R's  statement  is  not  believed. 

1  1.  If  the  $100  had  been  given  to  C  as  a  present  R's 
statement  is  not  believed  even  if  he  has  property,  and  B 
can  claim  the  money  from  R  because  of  his  confession. 

12.  If  C  confesses  that  B  has  made  a  mistake  and  R 
denies  it,  then  B  is  free  from  an  oath  and  R  must  take 
an  oath  if  the  money  had  been  in  payment  of  a  loan  but 
not  if  it  was  a  present. 

13.  If  R  says  to  B  in  the  presence  of  the  third  party, 
"Give  to  C  $1 00  in  payment  of  my  debt,"  and  B  had  started 
to  give  C  the  money  and  then  in  the  midst  of  his  payment 
B  discovers  that  he  had  made  a  mistake,  C  is  entitled  to 
the  money  he  already  has  in  his  possession. 

14.  R  ordered  B  to  give  to  C  $100  as  an  advance  pay- 
ment in  rent  from  the  rent  which  he  must  pay  to  R  and 
B  undertakes  to  pay  it.  Then  B  decided  to  move  from  the 
house  and  he  refuses  to  give  the  money  to  C,  B  must  give 
the  money   to   C   because  he   moved  of  his   own   accord. 

15.  R  ordered  B  to  give  money  to  C  in  the  presence  oi 
the  third  party   and   B   gives   a   surety   man   instead,   even 


LAW  TRANSACTION  OF  THREE  PARTIES  79 

if  there  was  no  ceremony  of  agreement,  the  surety  man  is 
vaHd. 

1 6.  The  law  of  the  third  party  is  not  vahd  through  a 
messenger. 

1  7.  The  same  law  holds  good  of  an  executor  as  of  a 
messenger. 

18.  The  law  of  the  third  party  is  not  valid  through 
writing. 

1  9.  A  husband  can  collect  his  wife's  debts  incurred  be- 
fore marriage  without  the  ceremony  of  the  third  party  law. 

CHAPTER  CXXVII. 

1 .  If  a  husband  borrows  money  from  his  wife  and  later 
divorces  her,  she  cannot  collect  the  money,  except  if  she 
can  prove  that  the  money  had  been  given  her  on  condition 
that  the  husband  should  have  no  part  in  it. 

CHAPTER  CXXVIII. 

1 .  If  a  man  pays  money  to  the  lender  without  the  bor- 
rower's permission,  even  if  he  takes  the  pledge  into  his 
possession,  he  must  return  the  pledge  to  the  borrower  who 
not  needs  to  pay  back  the  money.  However,  if  the  voluntary 
payer  owes  money  to  the  borrower  he  can  keep  the  money 
as  payment  of  his  own  debt. 

2.  If  a  man  spends  money  to  release  another  man  from 
prison  even  if  there  was  no  agreement  between  them,  the 
released  man  must  pay  back  the  money. 


8o  JEWISH     CODE    OF    JURISPRUDENCE 

LAWS  FOR  SURETY. 
CHAPTER  CXXIX. 

1 .  If  a  man  loans  money  on  a  note,  and  after  the  loan 
is  made  another  comes  and  says,  "I  will  be  surety  for  the 
loan,"  he  is  not  liable  to  pay  except  when  he  makes  some 
ceremony  of  agreement  (Kabolath  Kinion)  ;  being  imma- 
terial whether  he  says  it  in  the  presence  of  the  judge,  or 
between  him  and  another. 

2.  When  he  says  that  I  will  be  surety  for  the  loan  in  the 
time  of  giving  the  money  he  is  guilty  without  ceremony 
of  agreement  (Kabolath  Kinion). 

3.  However,  if  the  court  compels  the  borrower  to  pay  the 
debt,  and  the  surety  man  comes  and  says,  "  I  will  be  good 
for  the  loan,"  he  is  liable  without  ceremony  of  agreement. 

4.  If  the  man  says,  "Loan  him,"  without  saying  I  will  be 
surety,  he  is  also  liable. 

5.  If  on  account  of  the  surety  man  he  has  returned  the 
pledge  or  the  note  to  the  borrower  he  is  liable  to  pay 
without  ceremony  of  agreement. 

6.  If  the  surety  man,  after  the  loan  is  made  signs  his  name 
to  the  note  even  before  the  witnesses  have  signed,  must  have 
a  ceremony  of  agreement.     Then  he  is  liable. 

7.  The  lender  must  first  go  to  the  borrower  for  pay 
ment  of  the  loan  and  when  he  finds  that  he  cannot  collect 
because  he  is  poor,  then  he  appears  in  court,  and  must  swear 
that  the  man  owes  him  the  money,  and  has  nothing  to  pay. 
Then  the  court  gives  him  a  permit  to  go  to  the  surety  man 
for  collection. 


LAW  FOR  SURETY 


8i 


8.  The  surety  man  gets  30  days  time  for  paying. 

9.  If  the  borrower  is  not  present,  but  is  within  the  dis- 
tance of  30  days'  journey  back  and  forth,  then  the  court 
must  send  a  messenger  to  notify  him.  But  if  he  is  further 
than  the  above  specified  distance,  it  is  not  necessary  to 
notify  him,  he  can  collect  it  direct  from  the  surety  man. 

10.  Even  if  the  borrower  has  some  goods  in  another 
city,  and  the  expense  to  get  that  goods  will  be  more  of  an 
expense  than  the  amount  of  the  loan,  then  he  can  collect 
from  the  surety  man. 

1  1 .  The  lender  has  the  privilege  to  take  promises  from 
the  surety  man  to  believe  him  in  any  time  when  he  says  that 
the  loan  is  not  paid. 

12.  If  that  is  a  verbal  loan  he  cannot  collect  from  the 
surety  man  without  notifying  the  borrower,  because  he  can 
claim  he  paid  the  loan  except  when  it  is  in  the  middle  of  the 
time  of  the  loan. 

13.  If  the  borrower  is  dead  he  cannot  get  paid  from  the 
surety  man  except  when  it  is  in  the  middle  of  the  time  of 
the  loan  or  the  borrower  confesses  before  his  death  that  he 
owes  the  debt. 

14.  If  the  lender  says  by  the  time  of  the  loan  from 
which  party  I  will  be  satisfied  to  get  paid  can  be  collected 
from  the  surety  man  even  if  the  borrower  has  some  goods. 

15.  It  gives  some  surety  man  (Kablon),  for  instance, 
when  he  takes  the  money  from  the  lender  and  gives  same 
to  the  borrower  such  a  surety  man,  the  lender  can  collect 
from  him  before  he  goes  to  the  borrower  and  the  borrower 
is  not  believed  that  he  paid  the  loan. 


82  JEWISH     CODE    OF    JURISPRUDENCE 

16.  If  the  lender  comes  to  collect  from  the  (Kablon) 
and  he  says  that  he  lost  the  note  and  the  borrower  con- 
fesses that  he  did  not  pay.  The  (Kablon)  says  maybe 
the  borrower  paid  you  and  he  tore  the  note  and  conspired 
to  force  from  me  the  money ;  the  Kablon  is  not  liable. 

CHAPTER  CXXX 

1 .  The  surety  or  Kablon,  if  he  paid  the  lender  in  the  pres- 
ence of  a  witness  before  he  found  out  that  the  borrower 
has  not  paid  and  the  borrower  claims  that  he  paid  already, 
he  is  not  liable  to  the  surety  man. 

2.  The  surety  cannot  get  paid  from  the  borrower  even 
he  has  the  note  in  his  hand  until  he  brings  the  witness  that 
he  paid  the  lender  in  his  presence. 

CHAPTER  CXXXI. 

1 .  If  he  promises  to  be  surety  for  the  loan  and  makes 
ceremony  of  agreement,  he  can  back  out  before  he  gives 

the  money  and  afterwards  if  the  lender  gives  the  money, 
then  the  sureety  is  not  responsible  for  them. 

2.  The  surety  man,  after  he  gives  the  money  and  if  he 
makes  some  ceremony  of  agreement,  he  cannot  back  out. 

3.  The  surety  man  or  Kablon,  when  he  notifies  the 
lender  when  the  time  has  expired  to  collect  the  debt  from 
the  borrower  or  to  pardon  him  from  the  surety  because  the 
will  go  bankrupt,  and  the  lender  did  not  mind  and  gave  the 
borrower  more  time  for  the  loan,  in  the  me;'ntime  all  the 
goods  of  the  borrower  are  destroyed  and  he  is  not  able  to 
pay  that  debt,  so  the  surety  man  is  not  liable. 

4.  When    the   borrower  has   ready    the   money    for   the 


LAW   FOR  SURETY  83 

loan  and  the  surety  man  sends  for  the  lender  to  take  his 
money  and  he  refuses  to  take  the  money  and  later  the  loan  is 
lost,  consequently  the  surety  man  is  not  liable. 

5.  If  a  man  promises  to  bring  the  defendant  to  the  trial 
and  fails  to  do  so,  the  judge  can  place  the  sum  which  the 
surety  man  must  pay  if  a  certain  sum  was  not  mentioned 
in  the  promise. 

6.  If  somebody  says  you  will  be  good  for  the  loan  and 
I  will  be  good  for  you,  is  that  liable  without  ceremony  of 
agreement  ? 

CHAPTER  CXXXII. 

1 .  When  a  married  woman,  when  she  was  surety  for  a 
loan,  she  is  not  liable  to  pay,  except  when  her  husband 
dies  or  she  is  divorced  When  a  minor  gives  surety  he  is 
not  liable  even  when  he  is  grown  up. 

2.  A  widow  when  she  is  surety  and  later  she  marries,  the 
money  can  be  collected  from  the  dowry  she  brought  to  her 
husband  if  that  is  a  loan  with  a  note. 

3.  When  two  was  surety  to  one  loan  the  lender  can 
collect  from  which  one  he  chooses. 

4.  When  one  surety  man  paid  all  the  debts  he  can  collect 
from  the  other  surety  man  half. 

5.  If  one  was  surety  for  two  borrowers  when  he  paid  to 
the  lender  he  must  notify  for  which  party  he  paid,  be- 
cause he  will  know  from  whom  to  collect  his  debt. 


84  JEWISH     CODE    OF    JURISPRUDENCE 

CHAPTER  CLXXVI. 

1 .  A  partnership  cannot  be  contracted  verbally.  There 
must  be  a  form  of  agreement. 

2.  If  both  gave  merchandise  to  form  partnership  stock, 
they  must  make  a  formal  agreement  or  mix  together  their 
merchandise,  or  hire  a  single  place  for  the  goods,  then  the 
partnership  is  valid. 

3.  If  both  have  money  to  invest,  they  must  deposit  the 
money  together  in  one  purse  and  start  business,  and  then 
the  partnership  "s  valid. 

4.  If  two  laborers  form  a  partnership  to  share  their  wages 
equally,  not  even  a  formal  agreement  is  necessary.  They 
cannot  repent  concerning  division  of  past  profits,  but  they 
can  dissolve  the  agreement  with  regard  to  future  profits. 

5.  If  the  stock  of  each  partner  was  previously  appraised 
on  condition  that  each  one  should  put  in  an  equal  share, 
and  then  it  is  found  that  the  appraisal  was  incorrect,  the 
partnership  can  be  dissolved,  if  the  error  is  more  than  1  -6 
per  cent. 

6.  If,  however,  the  merchandise  had  not  been  previously 
appraised,  and  then  it  is  found  that  one  had  invested  less, 
the  partnership  is  valid,  and  the  profits  are  to  be  divided 
equally  and  the  fund  by  shares. 

7.  If  one  partner  invested  $100  and  the  other  $200  both 
the  profits  and  losses  must  be  divi<3ed  equally. 

8.  If  both  invest  unequal  shares  of  money,  and  then  the 
money  depreciates  through  a  government  edict,  the  loss  is 
here  shared  in  proportion  to  the  amount  invested. 


LAW  FOR  PARTNERS  85 

9.  If  both  invest  unequal  shares  of  merchandise  and  the 
merchandise  is  ready  and  increases  or  decreases  in  velue. 
both  the  gain  and  the  loss  must  be  shared  in  proportion  to 
the  amount  invested. 

10.  If  it  had  been  before  stipulated  that  a  certain  definite 
share  of  profit  and  loss  should  go  to  each  partner,  the  stipu- 
lation is  valid. 

I  1 .  If  one  invests  $100  and  the  other  $200  and  then 
the  entire  $300  is  lost,  which  means  an  equal  loss  of  $150 
for  each  partner,  the  partner  who  only  invested  $100  is 
not  liable  to  make  up  the  difference  of  $50  from  his  own 
pocket. 

12.  If  the  partnership  exists  longer  than  stated  in  the 
agreement,  or  if  the  business  is  conducted  differently  than 
stated  in  the  agreement,  the  profits  must  be  divided  in  pro- 
portion to  the  amount  invested. 

13.  At  the  time  when  a  partner  is  in  charge  of  the  mer- 
chandise, the  law  holds  good  as  in  the  case  of  a  paid 
watchman,  i.  e.,  he  is  responsible  for  burglary  or  loss. 

14.  If  a  man  hires  a  driver  and  horse  to  carry  goods, 
and  he  starts  out  alone  with  the  driver  and  then  the  horse 
and  wagon  with  the  goods  is  stolen,  the  owner  of  the  goods 
is  not  responsible  for  the  horse,  and  the  driver  is  not  re- 
sponsible for  the  goods,  because  they  both  started  out 
together. 

1  5.  Therefore,  if  two  partners  start  in  business  together, 
even  if  one  leaves  the  place  later,  and  then  some  goods  are 
stolen  or  lost,  the  partner  is  not  responsible. 

16.   If  one  of  the  partners,  B  starts  to  attend  the  busi- 


86 


JEWISH     CODE    OF    JURISPRUDENCE 


ness  alone  and  then  he  is  joined  by  the  second  partner, 
R  and  then  R  leaves  and  some  goods  are  stolen  or  lost  in 
B's  charge,  B  is  liable.  If,  however,  B  leaves  and  goods  are 
stolen  in  R's  charge,  R  is  not  liable  because  when  he  started 
B  was  with  him  in  business. 

17.  If  R  and  B  divide  up  their  business,  and  R  leaves 
B  a  certain  amount  with  which  to  pay  a  debt,  and  that 
amount  is  stolen  or  lost,  B  is  responsible. 

18.  If,  however,  B  also  leaves  R  an  amount  with  which 
to  pay  another  debt,  both  are  responsible  for  equal  shares 
of  total  debt. 

1 9.  A  partner  is  forbidden  to  transact  business  differently 
than  the  rules  of  the  locality  state.  He  cannot  do  other 
business,  he  cannot  leave  the  city,  he  cannot  sell  on  credit 
except  with  the  permission  of  the  other  partner. 

20.  If  the  partner  had  notified  him  that  he  shouldn't  do 
any  of  the  above  mentioned  things  and  he  does  not  follow 
his  partner's  order,  if  there  is  a  loss  he  is  himself  responsible, 
if  there  is  profit  it  must  be  divided. 

2 1 .  For  instance,  if  the  partner  had  ordered  him  to  buy 
wheat  and  he  bought  barley;  if  there  is  profit  both  must 
share,  if  there's  a  loss,  the  buyer  himself  is  responsible  for  it. 

22.  If  one  partner  insists  on  the  immediate  sale  of  the 
goods  and  the  other  insists  that  they  should  wait  until  a  cer- 
tain time  when  there  is  a  better  market.  If  he  sells  it  before 
market  time  and  then  the  goods  rise  in  price,  he  is  liable 
to  pay  the  difference.  If,  however,  he  sells  it  on  the  market 
time  and  then  the  goods  rise  still  higher  in  price  he  is  not 
liable. 


LAW    FOR   PARTNERS  O/ 

23.  If  there  is  no  set  market  time  he  does  not  have  to  wait, 
but  can  sell  immediately. 

24.  If  a  set  time  has  been  agreed  upon  for  the  dissolution 
of  the  partnership,  it  cannot  be  dissolved  before  that  time. 

25.  If  no  set  time  had  been  agreed  upon,  it  can  be  dis- 
solved at  any  time. 

26.  If  the  goods  are  not  divisible,  as  for  example,  a  house, 
and  it  must  be  sold,  one  can  insist  that  they  should  wait 
until  market  time. 

27.  The  division  of  merchandise  must  be  made  in  the 
presence  of  both  partners  and  three  expert  appraisers.  If 
there  were  less  than  three,  the  division  is  not  valid. 

28.  If  there  is  cash  any  partner  can  draw  out  his  own 
share  without  the  need  of  the  second  partner's  presence,  so 
long  as  he  leaves  his  share  behind  in  court. 

29.  If  one  partner  dies  and  the  widow  does  not  wish  to 
continue  the  partnership,  it  can  be  immediately  dissolved 
even  if  there  is  a  set  time. 

30.  If  one  partner  falls  sick  and  cannot  assist  in  at- 
tending the  business,  the  other  partner  can  dissolve  it. 

31.  If  one  partner  leaves  the  city  on  business  and  cannot 
return  on  account  of  some  accident,  he  is  still  entitled  to 
his  profits  of  the  business. 

32.  If  there  is  an  outstanding  debt  to  be  paid  to  them 
at  a  certain  time,  and  one  partner  insists  that  the  partnership 
be  dissolved  before  that  time  and  that  the  debt  be  divided 
up  later  when  collected,  the  partnership  can  be  immediately 
dissolved  and  when  the  time  for  collection  of  the  debt  comes 
they  can  divide  it  up. 


88  JEWISH     CODE    OF    JURISPRUDENCE 

33.  If  there  are  several  outstanding  debts,  they  must  be 
appraised  according  to  the  time  due  and  according  to  the 
trustworthiness  of  the  creditor  and  then  it  is  divided  equally. 
If  later  one  of  the  creditors  vv^hose  note  is  in  possession  of 
one  partner  fails  to  pay,  the  other  partner  is  not  responsible. 

34.  If  the  partners  owe  a  debt  to  be  paid  at  a  certain 
time,  and  one  partner  insists  that  the  business  be  divided  and 
the  debt  paid  before  the  time,  the  other  partner  can  insist 
that  the  business  stand,  and  that  the  money  should  be  used 
in  the  business  until  the  time  for  payment  comes. 

35.  Even  if  the  other  permits  him  to  keep  the  money, 
until  it  is  due  and  do  business  with  it  himself  and  then  pay 
the  debt,  he  can  compel  the  other  to  stay  in  the  business 
with  him. 

36.  If  one  partner  sends  out  the  other  to  transact  some 
purchases  or  sales,  the  latter  must  carry  out  the  transactions 
in  full  because  that  is  equivalent  to  agreeing  upon  a  set  time 
for  dissolution. 

37.  If  two  partners  have  a  claim  upon  a  third  party  and 
one  succeeds  in  having  him  take  an  oath  before  the  court, 
the  other  partner  cannot  demand  a  second  oath  because 
the  first  one  was  valid  for  both  partners. 

38.  If  the  partners  have  a  claim  upon  the  third  party 
for  money  and  one  goes  to  court  and  loses,  the  law  is  as 
follows:  If  the  other  partner  was  in  the  city  he  has  no 
claim,  if  he  was  out  of  town  he  can  demand  a  second  trial. 

38.  If  both  have  a  claim  upon  a  slow  payer  for  $200 
and  then  one  partner  collects  $100  and  wants  to  take  it  for 
himself,  telling  the  other  partner  to  go  and  collect  the  other 


LAW  FOR  PARTNERS  89 

half  of  the  debt,  the  first  collected  $1  00  must  be  divided  be- 
tween the  two. 

40.  If  the  outstanding  debt  can  be  collected  from  the 
slow  payer  only  at  an  expense,  and  one  partner  refuses  to 
give  a  share  of  the  expenses,  the  other  partner  can  stand 
the  entire  expense  and  keep  the  entire  amount  collected  for 
himself,  if  that  amounts  only  to  his  half  of  the  debt. 

41 .  If,  however,  he  collects  the  entire  amount,  he  can  de- 
duct his  expense  but  must  divide  the  remainder  equally. 

42.  If  two  bankers,  R  and  B,  agree  to  lend  out  collec- 
tively twenty  million  dollars  and  then  the  borrower  takes 
ten  million  from  R  and  states  that  he  doesn't  need  the  re- 
mainder, and  R  says  to  B,  "give  me  half  of  the  loaned 
amount  and  we'll  be  partners  in  that,"  and  B  promises  to 
give  it  at  a  later  time,  B  dies  the  heirs  are  entitled  to  a 
share  of  the  interest  when  they  gave  half  of  the  amount. 

43.  However,  if  B  had  stated  that  he  would  not  give 
any  money,  his  heirs  are  not  entitled  to  the  interest. 

44.  If  one  partner  works  alone  and  the  other  has  some 
help,  from  his  family,  he  is  entitled  to  charge  for  the  labor 
of  his  help. 

45.  If  two  partners,  R  and  B,  do  not  draw  separate 
wages  but  they  share  all  living  expenses  together,  from  the 
business,  and  then  R  finds  out  that  B  has  a  separate  amount 
which  he  didn't  have  before,  and  B  claims  that  it  belongs 
to  some  one  else,  by  name  C,  his  claim  must  be  proved 
by  witnesses.  If  B  dies,  C  must  prove  that  it  belongs  to 
him. 

46.  If  one  partner  sends  the  other  to  buy  or  sell  goods 
and  he  is  arrested  on  the  way,  the  other  partner  is  not  re- 


90  JEWISH     CODE    OF    JURISPRUDENCE 

sponsible  for  any  amount  he  might  incur  in  getting  his  free- 
dom. 

47.  If  one  partner  loans  an  article  to  C,  without  the 
permission  of  the  other  partner,  and  that  article  is  lost,  the 
other  partner  can  collect  it  either  from  C  or  from  the  first 
partner. 

CHAPTER  CLXXVII. 

1.  If  one  partner,  whether  a  stranger  or  a  brother  of  the 
firm  gets  a  good  political  position,  and  the  other  partner 
or  brother  can  prove  that  he  secured  the  position,  because 
of  the  renown  of  the  firm  or  the  father  and  not  altogether 
on  account  of  individual  skill,  although  he  might  be  a  very 
clever  man,  the  salary  must  be  invested  in  the  business,  but 
he  must  get  a  larger  amount  of  salary  out  of  the  busmess 
on  account  of  his  labor. 

2.  If  a  father  leaves  a  business  to  his  sons,  and  one  of 
the  sons,  who  is  the  sole  manager  of  the  business,  falls  sick, 
if  he  became  ill  through  his  own  carelessness,  and  the  amount 
necessary  for  cure  is  a  definite  amount,  he  must  pay  it  him- 
self. If  not  through  his  carelessness,  all  must  share  in  the 
amount  needed  for  his  cure. 

3.  If,  however,  all  take  an  equal  part  in  conductmg  the 
business,  if  each  one  draws  a  separate  salary  he  must  pay 
for  his  cure  himself.  But  if  they  draw  their  living  expenses 
together  they  must  all  share  in  the  amount  if  there  is  no 
definite  amount. 

4.  If  one  of  the  partners  secures  a  reduction  in  the  taxes 
from  the  tax  department  he  must  share  the  profits  with  the 
partner.  If,  however,  the  tax  department  had  declared  that 
it  was  only  for  the  one,  it  belongs  only  to  him. 


LAW  FOR   PARTNERS  9I 

5.  If  two  partners  are  attacked  by  highwaymen  and  it  is 
certain  that  the  money  would  be  lost  if  not  for  the  heroism 
of  one  of  the  partners,  if  he  made  no  statement  at  the  time 
of  his  resistance,  the  money  belongs  to  both  partners.  If, 
however,  he  declared  that  it  is  for  himself,  he  is  entitled  to 
the  entire  sum. 

CHAPTER  CLXXXII. 

1 .  In  every  case  the  messenger  is  like  the  sender,  except 
on  a  criminal  mission,  when  the  messenger  knowing  that  it 
is  a  criminal  mission,  the  messenger  himself  is  responsible. 

2.  If  a  man  sent  his  comrade  to  bring  his  horse  from  the 
stable  and  he  brought  the  horse;  later  he  found  that  the 
horse  was  stolen  and  the  messenger  did  not  know,  then  the 
sender  is  liable. 

3.  The  buying  and  selling  of  land  and  removable  prop- 
erty through  a  messenger  is  valid  even  without  a  ceremony 
of  agreement  nor  with  witnesses.  Witnesses  are  only  neces- 
sary when  some  one  denies  it. 

4.  Therefore,  when  a  man  orders  another  to  buy  prop- 
erty to  which  he  will  be  a  partner  he  cannot  back  out. 

5.  If  a  man,  stating  that  he  is  a  messenger,  violates  the 
orders  of  his  sender  the  deal  is  invalid. 

6.  However,  if  he  did  not  state  that  he  is  a  messenger 
the  deal  is  valid  but  the  sender  is  not  responsible  for  it. 

7.  If  a  messenger  first  stipulates  with  his  sender  that  he 
should  have  full  power  to  act,  any  deal  he  carries  out  is 
valid. 

8.  If  a  man  sends  out  a  salesman  and  agrees  to  pay  his 


92  JEWISH     CODE    OF    JURISPRUDENCE 

expenses,   and  the  expenses  turn  out  absolutely  unreason- 
able, he  need  not  pay  him  only  medium  amount. 

9.  If  a  salesman  cheats  the  buyer  it  is  the  same  as  if  the 
law,  if  owner  himself  did  the  cheating. 

10.  If  a  man  sends  a  messenger  to  buy  a  field  and  the 
seller  says,  "I  will  sell  you  the  field  on  condition  that  you 
will  return  it  in  the  future  if  I  will  have  money,"  and  the 
messenger  says,  you  and  my  sender  are  good  friends  and 
you'll  settle  it  between  you;  he  must  return  the  field  in  the 
future  if  the  seller  has  the  money. 

CHAPTER  CLXXXIII. 

1 .  A  man  gives  a  messenger  an  order  to  buy  merchan- 
dise and  the  latter  fails  to  do  so,  but  in  the  attempt  has  spent 
his  own  time  and  money,  the  sender  can  have  only  blame 
the  honor  of  that  messenger. 

2.  Suppose  the  messenger,  seeing  that  the  goods  are  a 
bargain  puts  aside  the  sender's  money  and  buys  it  for  him- 
self for  his  own  money,  his  deal  is  valid  but  it  is  a  blemish 
on. the  messenger's  character. 

3.  If  he  buys  it  for  the  sender's  money  it  belongs  to  the 
sender. 

4.  If  a  messenger  is  ordered  to  buy  wheat  and  he  buys 
barley  or  vice  versa,  and  then  if  the  article  he  bought  falls 
in  price,  the  messenger  must  make  up  the  loss;  if  it  rises  in 
price,  both  the  messenger  and  the  sender  share  the  profits. 

5.  If  a  man  sends  a  messenger  to  buy  a  certain  stated 
quantity  of  wheat,  and  the  seller  gives  him  a  bonus,  he 
must  share  it  with  the  sender. 


LAW  OF  MESSENGERS  93 

6.  If  the  quantity  was  not  stated  the  bonus  belongs  en- 
tirely to  the  sender. 

7.  If  the  seller  by  mistake  gave  the  messenger  a  greater 
amount  than  ordered,  the  surplus  belongs  entirely  to  the 
messenger. 

8.  If  the  seller  says  to  the  messenger,  "Here's  a  bonus 
only  for  yourself,"  it  belongs  entirely  to  the  messenger. 

9.  If  a  man  is  given  a  certain  amount  of  money  to  settle 
v^'ith  the  creditors  for  50  per  cent,  and  he  settles  for  25  per 
cent.,  he  must  return  the  remainder  to  the  sender. 

CHAPTER  CLXXXIV. 

1 .  If  three  men  give  a  messenger  money  to  buy  merchan- 
dise and  he  buys  only  for  one;  if  the  money  was  in  three 
separate  packages  the  merchandise  belongs  to  the  one  for 
whose  money  it  was  bought.  If  the  money  was  mixed  to- 
gether, the  merchandise  must  be  divided  between  the  three 
in  proportion  to  the  amounts  they  had  given  the  messenger. 

2.  If  the  messenger  states  that  he  buys  only  for  one, 
the  merchandise  belongs  to  that  one  even  if  the  money  was 
mixed. 

3.  If  R  buys  a  field  from  B  and  says  he  is  a  messenger 
for  L  and  he  writes  the  deed  in  L's  name,  he  cannot  com- 
pel B  to  write  another  deed  in  his  name. 

4.  However,  if  he  stated  to  R  or  to  witnesses  that  he 
buys  it  for  himself  but  wants  the  deed  in  L's  name  to  conceal 
the  purchase,  he  can  compel  B  to  change  the  deed  to  his 
name. 


94  JEWISH     CODE    OF    JURISPRUDENCE 

CHAPTER  CLXXXV. 

1 .  If  R  orders  B,  an  agent  to  sell  an  article  for  no  less 
than  $100  and  the  agent  sells  it  for  $50,  in  that  way  that 
he  cannot  bring  a  lawsuit  against  the  buyer,  he  must  pay 
R  the  difference. 

2.  If  he  sold  it  for  $200  the  surplus  belongs  to  R. 

3.  The  agent  is  forbidden  to  buy  the  article  for  himself. 

4.  If  R  claims  that  he  ordered  the  agent  to  sell  it  for 
no  less  than  $100,  and  the  latter  claims  that  he  was  given 
the  right  to  sell  it  for  $50,  the  agent  must  take  an  oath,  and 
not  liable. 

5.  If,  the  agent  had  stated  to  the  buyer  that  he  is  R's 
agent,  the  entire  deal  can  be  made  void. 

6.  If  the  article  while  in  the  agent's  possession  is  lost 
or  stolen,  the  agent  is  liable. 

7.  If  R  ordered  his  agent  to  sell  a  diamond  ring  and  the 
agent  loses  the  diamond,  the  agent  must  swear  that  he  didn't 
retain  it  for  himself;  then  R  must  take  an  oath  as  to  how 
much  the  diamond  was  worth  and  the  agent  must  pay  it. 

8.  If  R  orders  an  agent  to  pawn  some  article,  and  the 
agent  loses  the  ticket,  and  doesn't  know  where  he  had 
pawned  it,  the  agent  is  liable  for  the  loss. 

9.  However,  if  R  sends  the  agent  to  a  certain  pawnshop 
and  then  the  pawnbroker  denies  the  goods,  the  agent  is  not 
liable. 

10.  If  the  agent  gives  the  article  to  be  tested  and  then  the 
tester  denies  having  it  in  his  possession,  the  agent  is  liable. 


LAW  OF  MESSENGERS  95 

Likewise,  if  he  sells  it  for  credit  without  permission  from 
the  sender,  and  then  the  buyer  fails,  the  agent  is  also  liable. 

11.  If  a  marriage-broker  makes  a  match  and  he  demands 
the  commission  at  the  engagement,  it  depends  upon  the  rules 
of  the  locality.  If  the  rule  is  to  pay  at  the  time  of  the  en- 
gagement he  must  be  paid  then.  If  there  is  no  rule  the 
party  has  the  right  to  refuse  payment  till  the  wedding.  If 
the  engagement  is  broken,  the  marriage-broker  loses  his 
commission,  except  if  he  had  stipulated  before  that  he  must 
have  his  commission  at  the  engagement. 

CHAPTER  CLXXXVI. 

1 .  A  man  takes  jewelry  from  a  jeweler  to  send  to  his 
bride,  and  he  stipulated  that  if  the  present  is  satisfactory  he 
would  pay,  and  if  not  he  would  return  the  goods,  and  pay  a 
small  amount  for  the  honor  and  an  accident  happened  on 
the  way.  If  the  accident  happened  on  the  way  to  the  bride, 
he  is  Hable.  If,  on  his  return,  he  is  not  liable.  If  it  was 
stolen  or  lost,  he  is  liable. 

2.  A  man  takes  goods  on  memorandum  on  condition  to 
pay  for  it  if  he  sells  it,  and  to  return  it  if  he  doesn't  sell  it. 
If  the  goods  are  stolen  or  lost  he  is  liable.  If  there  is  an  ac- 
cident he  is  free  from  liability. 

3.  However,  if  it  is  the  kind  of  article  that  sells  easily 
he  is  liable  even  in  case  of  accident. 

CHAPTER  CLXXXVII. 

1.  Any  messenger  who  claims  that  an  accident  happened 
to  him  must  take  a  watchman's  oath  and  he  is  free  from 
liability. 

2.  If  the  accident  happened  in  a  place  where  it  is  pos- 


96  JEWISH    CODE   OF  JURISPRUDENCE 

sible  to  get  witnesses  he  must  bring  witnesses.     If  he  fails 
to  do  so  in  such  a  case  he  is  Hable. 

3.  A  man  ordered  a  messenger  to  buy  400  barrels  of 
wine  and  when  they  delivered  the  wine  it  was  tested  and 
found  to  be  spoiled.  It  was  decided  that  since  it  was  such 
a  large  quantity,  people  would  have  known  if  it  turned  sour 
on  the  way,  and  the  messenger  must  therefore  bring  wit- 
nesses' to  prove  that  it  was  not  sour  when  he  bought  it,  be- 
cause it  is  permitted  to  the  sender  to  have  suspicions  on  the 
messenger  that  he  bought  spoiled  wine  for  a  reduced  price. 

4.  A  deaf  man,  a  fool  and  a  minor,  whether  male  or  fe- 
male, can  neither  appoint  nor  be  appointed  messengers. 

5.  Therefore,  if  a  man  sends  a  minor  with  a  bottle  and 
a  half  dollar  to  buy  oil  for  a  quarter  and  to  bring  a  quarter 
change;  and  the  storekeeper  gives  the  minor  the  oil  and  the 
change,  and  the  minor  had  broken  the  bottle  of  oil  and  lost 
the  change,  the  law  is  as  follows;  If  the  sender  had  not 
expressly  stated  that  he  wants  the  article  delivered  through 
the  minor  the  storekeeper  is  liable  to  pay  the  50  cents  but 
not  for  the  bottle,  because  the  sender  risked  the  bottle  be- 
fore, on  the  way  to  the  store.  If  he  had  expressly  stated 
to  send  the  article  through  the  minor  the  storekeeper  is  free 
from  liability. 

6.  If  a  man  while  acting  as  another's  messenger,  has  an 
accident  on  the  way  he  can  have  no  claim  on  the  sender. 


tiSB^on  ]t:'n 


JEWISH  CODE  OF  JURISPRUDENCE 

ELEMENTS    OF    THE 

TALMUDICAL,  COMMERCIAL  and  CRIMINAL 

LAW 


BY 

RABBI  J.   L.  KADUSHIN 

NEW  YORK 


D'^r\i  ams 


PART  II. 


Published  by   the  Author 


THE  LAW  FOR  BUYING  AND  SELLING. 
CHAPTER  CLXXXIX. 

1.  The  transaction  of  buying  and  selling  cannot  be 
valued  by  words  alone.  For  instance,  if  a  man  promises  to 
another  that  he  will  sell  him  an  article,  but  so  long  as  he 
does  not  give  a  deposit  or  makes  a  form  of  agreement  each 
one  can  back  out  even  though  witnesses  exist  to  the  pur- 
chase. 

CHAPTER  CLXXXX. 

1.  The  money  can  be  given  in  different  ways.  First, 
that  he  give  the  money  to  himself;  secondly,  the  seller  may 
instruct  the  buyer  to  give  the  money  to  another  person. 
If  the  buyer  is  a  noble  man,  even  if  the  seller  give  money  to 
the  buyer,  can  be  valid  because  the  person's  consent  will 
serve  as  deposit  on  the  article  and  the  deal  is  valid. 

2.  The  transaction  for  the  sale  of  real  property  can  be 
valid  with  a  cash  deposit,  or  by  a  written  agreement  that  he 
sold  the  house  or  a  form  of  agreement. 

3.  If  R.  bought  a  house  for  $1,000.00  and  he  gave 
$100.00,  and  the  seller  is  not  anxious  for  the  money,  the 
deal  is  valid  and  the  balance  is  governed  like  any  other  debt. 
However,  if  the  seller  is  anxious  for  money  and  he  claims 
the  balance,  even  if  the  amount  of  hte  balance  is  $1.00, 
so  long  as  the  bill  is  unpaid,  the  deal  is  invalid. 

4.  If  the  buyer  does  ont  settle  the  balance  in  the  time 
when  the  seller  is  anxious  for  the  money,  the  latter  has  the 
privilege  to  return  the  deposit  in  cash  or  in  common  real 
property. 

5.  If  the  seller  backs  out,  the  buyer  has  the  privilege  to 


I02  JEWISH     CODE    OF    JURISPRUDENCE 

demand  cash  for  the  deposit  or  in  real  property  at  the  pre- 
vious value.  In  such  a  manner  the  disagreeing  person  will 
allow  the  others  to  benefit. 

6.  If  the  court  understands  that  the  seller  sold  his  prop- 
erty on  account  of  bad  condition,  then  even  if  he  demands 
the  balance,  the  transaction  is  valid,  because  he  fears  the 
buyer  may  back  out  on  account  of  the  bad  condition,  and 
neither  the  buyer  nor  the  seller  can  back  out.  The  same 
law  holds  good  if  the  seller  sells  his  property  because  he 
moved  to  another  city. 

7.  If  one  sells  cattle  and  accepts  a  deposit,  and  the 
cattle  is  in  the  possession  of  the  buyer,  and  the  seller  is 
anxious  for  the  money,  the  deal  is  invalid,  and  must  return 
the  deposit  in  cash,  because  cattle  cannot  be  divided. 

8.  R.  bought  from  B.  an  article  for  $100.00,  and  he 
paid  for  it.  Afterward  B.  proved  that  R.  paid  him  ten 
dollars  less.  The  deal  is  valid,  and  R.  must  correct  his 
mistake. 

9.  If  a  man  is  in  trouble  and  he  therefore  sold  his  prop- 
erty, then  after  the  trouble  is  past  he  can  back  out. 

10.  If  a  man  bought  property,  and  he  received  a  record 

of  sale  and  if  afterward,  if  a  disagreement  arises  when  the 
seller  demands  payment.  The  buyer  claims  that  he  paid 
and  the  seller  denies  it.  The  law  of  the  decision  is  governed 
by  the  custom  of  the  locality.  If  it  is  proper  to  give  money 
before  the  writing  of  the  agreement  the  buyer  is  believed. 

11 .  R.  sold  a  house  to  B.,  the  sale  should  be  in  effect 
after  thirty  days,  and  the  money  was  deposited  with  a  third 
person.  The  money  is  lost  in  a  manner  not  by  the  agency 
of  the  buyer  or  seller,  and  they  are  not  responsible.  If  the 
seller  stipulated  "from  this  day  and  after  thirty  days"  the 


LAW  OF  BUYING  AND  SELLING  IO3 

deal  is  valid  and  the  article  belongs  to  the  buyer;  and  if 
it  is  not  stipulated  "from  this  day,"  the  deal  is  invalid. 

12.  If  a  man  promises  another  that  he  w\\\  sell  him  an 
article  at  a  certain  price  and  the  buyer  marks  his  article, 
with  the  seller's  consent,  that  it  should  be  recognized  as 
his,  then  if  it  is  the  custom  of  the  locality  to  buy  goods  with 
a  mark,  neither  the  buyer  nor  the  seller  can  back  out. 

CHAPTER  CCI 

1 .  All  that  is  approved  as  custom  in  the  business  world 
in  manner  of  settlements,  for  instance,  the  handshake  or  the 
mark,  or  the  presentation  of  the  key,  is  valid. 

2.  R.  sold  an  article  to  B.  for  the  debt  that  R.  owed  B. 
Then  neither  the  buyer  nor  the  seller  could  withdraw  from 
his  bargain. 

3.  R.  owes  to  B.  $100.00  and  B.  promises  to  sell  to 
R.  an  article  for  $100.00,  and  after  B.  receives  the  cash, 
he  took  the  money  for  his  debt.  He  cannot  be  compelled 
to  give  him  the  article,  except  when  he  give  him  other 
$100.00. 

CHAPTER  CCV 

1.  If  a  man  is  compelled  to  sell  an  article,  removable 
or  not  removable,  and  he  received  the  money,  the  deal  is 
valid.  But  if  he  previously  acknowledged  to  understand- 
ing witnesses  that  he  is  compelled  to  sell,  the  deal  is  invalid, 
and  may  be  broken  by  the  presentation  of  the  witnesses* 
written  notification. 

2.  The  victim  of  a  forced  present  may  cause  witnesses 
to  explain  the  method  of  force.  Even  the  witnesses  not 
knowing  surely  the  force. 


I04  JEWISH     CODE    OF    JURISPRUDENCE 

3.  If  he  proved  that  an  article  was  robbed  or  stolen  from 
him  and  he  bought  the  article  because  he  needed  it  for  use, 
he  must  only  prove  his  innocence. 

4.  The  witnesses  to  the  deed  of  the  compeller  may  be 
witnesses  to  the  notification  agreement,  even  if  the  seller  says 
in  their  presence  that  he  sells  the  article  with  his  good  will, 
the  notication  is  valid. 

5.  If  the  seller  is  anxious  for  money  he  is  not  permitted 
to  write  any  notication  agreement. 

CHAPTER  CCVI 

1.  If  a  written  option  is  given  to  a  man  on  property  for 
a  certain  sum  and  for  a  certain  time,  and  if  he  sold  it  to 
another  in  the  specified  time  of  the  option  at  the  same  price, 
the  bargain  belongs  to  the  holder  of  the  option.  However, 
if  he  sold  it  for  a  bigger  sum  it  belongs  to  the  actual  buyer. 

2.  But  if  it  is  stipulated  in  the  option  that  the  holder  will 
receive  the  property  at  the  given  price,  even  though  another 
raises  the  price,  the  property  belongs  to  the  holder  of  the 
option. 


CHAPTER  CCVII 

THE   LAW  OF  SELLING  PROPERTY  WITH 
A  STIPULATED  POINT. 

1 .  If  one  sold  unremovable  property  and  stipulated  a 
point  in  the  bill  of  sale,  and  if  the  point  is  agreed  to,  the 
deal  is  valid;  and  if  it  is  not  agreed  upon  the  point,  the  deal 
is  invalid. 

2.  R.   sells  property  to   B.,   and  he  stipulated   that  he 


LAW  OF  BUYING  AND  SELLING  IO5 

sells  the  property  because  he  decided  to  go  on  a  journey, 
or  because  he  needs  the  money  for  business,  and  afterwards 
he  changes  his  mind  or  he  does  not  require  the  money,  the 
deal  is  invalid.  However,  if  there  were  no  stipulated  points 
or  conditions  in  the  bill  of  sale,  even  if  we  understand  the 
cause,  the  deal  is  valid. 

3.  R.  sells  a  house  to  B.  and  stipulated  that  B.  should 
return  the  property  to  R.  when  he  will  be  able  to  return 
the  money.  The  seller  can  return  the  money  and  take  the 
property  back,  but  cannot  claim  the  rental. 

4.  If  R.  gives  a  deposit  of  $1,000.00  to  B.  on  a  bill  of 
sugar,  and  R.  stipulated  that  if  he  backs  out  he  should 
lose  the  deposit;  and  B.  stipulated  that  if  he  back  out  he 
will  give  him  double  the  amount  of  the  deposit.  If  R. 
backs  out,  the  deposit  is  lost.  But  if  B.  backs  out  R.  can 
demand  the  return  of  the  deposit  in  cash  or  in  merchandise. 
However,  if  B.  sealed  the  agreement  by  handshake,  or 
vow,  he  must  pay  the  $2,000.00. 

CHAPTER  CCVIII 

1 .   If  R.  sells  to  B.  an  article  which  is  not  in  his  posses 
sion,  at  a  certain  price,  and  no  market  price  existed,  then  if 
Hie  price  is  advanced  B.  need  not  accept  the  merchand  i:e. 
But  should  it  be  offered  to  him  a  I  the  original  price  he  must 
dcccpt  the  goods. 

CHAPTER  CCIX 

J  R.  sells  to  B.  a  cellar  of  wme  at  a  certain  price  per 
ra'Icn,  even  if  both  do  not  know  the  quantity  of  wine,  the 
t'ansaction  is  valid.  However,  if  ;t  was  sold  in  bulk  the 
c'eal  is  invalid. 


I06  JEWISH     CODE    OF    JURISPRUDENCE 

CHAPTER  CCXXVII. 

1 .  It  is  a  sin  to  fool  a  comrade  in  business,  in  buying 
or  in  selling. 

2.  If  a  man  sold  an  article  worth  $6  for  $5  or  the  worth 

of  $7  for  $6  or  the  worth  of  $5  for  $6  or  the  worth  of  $6 
for  $7,  the  transaction  is  valid,  only  he  must  return  the 
overcharge. 

3.  If  the  $6  worth  was  sold  for  $6.50  he  must  not  return 
the  overcharge. 

4.  If  a  $6  article  is  sold  for  $7.05  or  something  more 
than  $7,  the  buyer  can  back  out  of  the  transaction,  but  if 
the  buyer  is  satisfied  the  seller  cannot  back  out  of  the  trans- 
action. 

5.  The  overcharged  is  allowed  time  to  back  out  till  he 
can  show  it  to  his  friends  or  to  the  expert,  if  he  keeps  the 
article  longer  than  the  required  time  he  cannot  back  out, 
except  he  can  prove  that  he  was  in  some  danger. 

6.  The  seller  can  back  out  in  a  longer  time  because  the 
article  is  not  in  his  possession. 

7.  The  seller  is  not  allowed  to  back  out  for  a  different 
market  price  or  if  he  sold,  the  article,  because  he  was  broke, 
he  cannot  back  out. 

8.  If  the  dealer  says  before  I  know  that  the  article  is 
only  worth  $6  and  I  charge  you  $8  and  if  you  like  it,  take 
it,  and  the  buyer  is  satisfied  he  has  no  claim  afterwards. 

8  (a)  If  he  sold  article  worth  $5  for  $6  and  rose  to  $8 
he  must  return  the  money  so  overcharged. 


LAW  OF  BUSINESS  FRAUD  IO7 

9.  The  owner  that  sells  useable  things,  and  the  buyer 
knows  that  he  is  the  owner  of  those  things,  there  is  no  claim 
for  overcharge. 

10.  If  the  dealer  sells  the  article  on  trust  profit,  there 
is  no  claim  for  overcharge. 

1  1.  Selling  of  earth  or  notes,  even  if  it  is  worth  $1,000 
and  he  sold  it  for  $1  or  $1  for  $1 ,000,  there  is  no  claim  for 
overcharge. 

1 2.  In  renting  houses  there  is  no  claim  for  overcharge. 

13.  If  a  man  hired  a  comrade  to  do  work  in  earth  or  in 
removable  property,  there  is  no  claim  for  overcharge. 

14.  If  a  man  hires  a  truckman,  with  the  horse,  there  is 
a  claim  for  overcharges,  on  the  part  of  the  horse. 

15.  If  a  man  hires  tools  or  cattle  for  work,  there  is  a 
claim  for  overcharge,  even  a  long  time  after  the  work  is 
finished. 

16.  If  a  man  gives  a  coat  to  a  tailor  to  repair  and  he  is  a 
job-worker,  there  is  a  claim  for  overcharge  for  both  parties. 

1  7.  Brothers  or  partners  divide  removable  property,  there 
is  a  claim  for  overcharge. 

18.  But  if  they  divide  earth  there  is  no  claim  for  over- 
charge. But  if  there  is  a  mistake  in  the  measurements,  or 
in  the  counting  or  weighing  or  it  is  divided  by  a  messenger, 
then  the  dividing  can  be  destroyed. 

19.  R  and  B,  brothers,  divided  two  houses  with  promises 
that  the  party  that  takes  the  corner  house  will  open  a  door 
to  the  street.  After  the  city  officials  forbid  them  to  open  the 
door,  it  is  allowed  to  that  party  to  destroy  the  division. 


I08  JEWISH     CODE    OF    JURISPRUDENCE 

CHAPTER  CCXXVIII. 

1 .  It  IS  a  sin  to  fool  a  man  in  words,  for  instance,  if  you 
are  walking  in  a  forest  and  you  direct  a  man  in  the  wrong 
way  when  you  know  the  right  way.  The  Holy  Scriptures 
say,  "Don't  direct  the  blind  man  on  the  wrong  road." 

2.  It  is  a  sin  to  fool  a  wife,  because  a  woman's  tears  flow 
easily. 

3.  It  is  forbidden  to  call  a  comrade  nicknames,  for 
slander,  even  if  he  is  used  to  it. 

4.  It  is  forbidden  to  sell  an  article  with  a  damage  to  a 
customer,  except  when  you  notify  him. 

5.  It  is  forbidden  to  sell  meat  that  died  of  itself  for 
slaughter  meat,  even  to  a  Gentile,  that  doer  is  liable  to 
punishment. 

6.  It  is  forbidden  to  blow  wind  into  cattle  or  to  give  them 
a  special  water  to  make  them  look  fatter,  or  to  paint  clothing 
to  look  like  new. 

7.  It  is  forbidden  to  mix  bad  fruit  in  good  fruit  or  to 
put  water  in  wine  and  to  sell  for  pure  wine,  except  when  he 
notify  the  customer. 

8.  A  storekeeper  is  allowed  to  give  souvenirs  or  to  re- 
duce the  prices  from  the  goods  so  that  many  customers  will 
buy  from  him  and  the  other  market  people  cannot  forbid 
him. 

9.  It  is  forbidden  to  mix  yeast  in  wine  or  in  oil. 

CHAPTER  CCXXIX. 

1 .  If  a  man  sells  to  his  comrade  wheat  and  the  buyer 
finds  a  quarter  of  a  bushel  peas  in  the  wheat,  or  he  sells 


LAW  OF  BUSINESS  FRAUD  109 

barley  and  he  finds  a  quarter  of  a  bushel  dust  in  the  barley, 
or  if  he  sells  ten  figs  and  he  finds  one  rotten  there  is  no  claim. 

2.  If  there  is  more  the  dealer  must  exchange  all  for  good 
ones. 

3.  If  the  custom  in  the  locality  is  that  he  sell  everything 
pure,  he  can  claim  for  less  than  a  quarter. 

4.  If  the  custom  in  the  locality  is  that  he  sell  adulterated, 
even  if  there  was  half  dust,  there  is  no  claim.  Therefore, 
if  a  man  picks  out  of  the  wheat  the  dust  he  is  liable  to  pay 
for  the  same  measure  in  wheat. 

CHAPTER  CCXXX. 

1 .  If  a  man  sells  his  comrade  a  barrel  of  beer  and  the 
beer  gets  sour  within  three  days,  the  responsibility  falls  on 
the  dealer,  after  the  three  days  the  responsibility  falls  on 
the  customer. 

2.  If  a  man  sells  beer  to  a  customer  and  the  customer 
brings  a  barrel,  and  after  the  beer  gets  sour,  the  responsi- 
bility is  on  the  buyer,  because  the  dealer  can  claim  that  it 
is  the  fault  of  the  barrel. 

3.  If  a  man  who  undertakes  to  deliver  a  barrel  of  wine 
to  some  place  and  before  he  reaches  that  place  the  wine 
gets  sour  or  the  prices  fall,  the  responsibility  is  on  the  dealer. 

CHAPTER  CCXXXI. 

1.  It  is  forbidden  to  measure  or  weigh  falsely,  to  any- 
body. It  is  the  duty  of  the  judges  to  appoint  officers  and 
watchmen  to  examine  the  scales  and  the  measures  and  if  he 
finds  them  false,  he  is  allowed  to  smite  or  to  fine  him  accord- 
ing to  understanding  of  the  judge. 


no  JEWISH     CODE    OF    JURISPRUDENCE 

2.  If  it  is  custom  of  the  locality  to  weigh  a  Httle  more 
than  the  amount  he  must  do  so. 

3.  It  is  a  duty  of  the  judges  to  appoint  officers  and  watch- 
men for  the  prices,  it  is  not  allowed  to  make  profit  on  food 

stuff  more  than  1  /6,  besides  the  expenses,  according  to  the 
market  price. 

4.  If  the  judge  finds  that  they  make  the  prices  on  the 
food  stuff  too  high,  they  are  liable  to  be  smiten  and  punished. 

5.  The  profit  on  eggs  is  allowed  50  per  cent,  but  no  more. 

6.  It  is  forbidden  to  keep  food  stuff  in  storage  so  that 
they  can  sell  it  later  on  for  a  higher  price.  They  are  liable 
to  be  smitten  and  punished. 

7.  The  board  of  the  city  can  set  a  price  on  any  article 
and  if  anybody  violates  that,  he  is  liable  to  punishment. 

CHAPTER  CCXXXII. 
*  1.   If  a  man  sells  an  article  to  his  comrade  by  the  meas- 
ure or  by  the  weight  or  by  the  count,  and  there  is  a  mistake, 
the  business  deal  is  all  right  but  the  mistake  must  be  cor- 
rected, whenever  he  brings  claim. 

2.  When  a  man  sells  to  his  comrade  cattle  or  earth  or 
removable  property  and  if  the  buyer  finds  it  damaged  even 
after  many  years  he  can  return  it,  on  condition  that  he  didn't 
use  it  when  he  found  the  damage,  but  if  he  used  it  after  he 
found  the  damage  he  cannot  return  it. 

3.  The  dealer  cannot  compel  the  buyer  to  take  the  dam- 
aged article  and  reduce  the  price,  and  the  buyer  cannot 
compel  the  dealer  to  give  him  for  a  reduced  price,  except 
when  they  are  both  satisfied. 

4.  R  sold  a  house  to  B  in  another  city  and  before  he  took 
the  title  some  loafers  damaged  the  house  and  B  wants  to 


LAW  OF  BUSINESS  FRAUD  III 

back  out  of  the  sale  on  account  of  that,  and  R  wants  to 
stand  good  for  the  damage,  R  is  invahd. 

5.  Tlie  damage  is  judged  on  account  of  the  locahty. 

6.  Even  if  the  dealer  says  to  the  buyer,  if  you  find  some 
damage,  you  can't  back  out.  He  can  back  out  except  when 
he  names  the  damage,  because  the  buyer  must  know  what 
damage  to  pardon  him. 

7.  When  a  man  sells  a  cow  to  his  comrade  and  he  says 
the  cow  limps  and  is  blind  and  bites  and  after  he  finds  that 
she  is  only  blind,  the  transaction  is  destroyed.  The  buyer 
can  say  when  I  saw  that  she  doesn't  limp  I  thought  that 
she  hasn't  any  damages,  only  what  you  said  is  to  make  me 
satisfied  with  the  business. 

8.  If  a  man  sells  to  his  comrade  a  cow  for  slaughter  and 
he  slaughtered  it  and  after  he  finds  that  it  is  trefa  (some 
damage  inside)  and  if  the  buyer  can  prove  that  the  wound 
was  there  three  days  before  it  came  into  his  possession,  then 
the  transaction  is  destroyed,  and  if  there  is  a  doubt  the  buyer 
must  bring  evidence,  but  if  he  can't  bring  evidence  he  loses. 

9.  If  the  buyer  makes  a  damage  in  the  bought  property 
before  he  finds  the  other  damage  and  if  he  was  supposed 
to  make  that  damage  then  he  can  return  the  property  and  he 
is  not  liable.  If  he  was  not  supposed  to  make  the  damage 
he  must  pay  for  the  damage  and  return  for  the  article. 

10.  If  a  man  sells  to  his  comrade  a  house  or  earth  and 
after  he  finds  a  damage  and  the  business  is  destroyed  he  must 
pay  for  the  rent  and  for  the  fruit  of  the  field. 

1  1 .  R  sold  to  B  cheese  in  a  barrel ;  after  three  days  he 
opened  the  barrel  of  cheese  and  found  it  spoiled.  We 
must  ask  the  expert  of  the  cheese  makers  if  cheese  can  get 
spoiled  in  three  days,  is  the  responsibility  on  the  buyer  and 
if  not,  the  responsibility  on  the  dealer.     If  there  is  a  doubt 


112      ■  JEWISH     CODE    OF    JURISPRUDENCE 

the  dealer  must  bring  witness,  when  he  does  not  get  paid. 
However,  if  he  got  paid  the  buyer  must  bring  witness. 

12.  R  sold  to  B  a  closed  barrel  of  oil  and  R  promises 
good  oil.  When  B  opened  the  barrel  he  found  it  was  not 
clear.  R  must  swear  that  he  sold  him  good  oil  and  is  not 
liable.  However  if  R  does  not  want  to  swear,  B  can  swear 
that  R  promised  to  give  him  good  oil  and  then  R  must  re- 
turn the  money  or  reduce  the  price  of  the  oil. 

13.  R  sold  to  B  an  ox  without  teeth;  he  put  him  in  the 
stable  with  his  other  oxen  and  he  put  food  for  all.  B  did 
not  know  that  he  did  not  have  any  teeth  and  that  he  couldn't 
eat,  therefore  the  ox  died  of  hunger.  B  can  return  the  dead 
body  to  R  and  R  must  return  the  money  in  full. 

1 4.  When  a  man  sells  to  his  comrade  eggs  and  after  he 
finds  that  they  are  spoiled,  the  business  transaction  is  de- 
stroyed and  he  must  return  the  money. 

15.  When  a  man  sells  to  his  comrade  seeds  fit  for  plant- 
ing only,  and  after  planting  them  they  did  not  come  up;  if 
he  can  prove  that  it  did  not  grow  on  account  of  the  seeds, 
then  the  transaction  is  destroyed  and  the  seller  must  return 
the  money. 

16.  However,  if  he  sold  seeds  fit  for  planting  and  for 
food  and  he  planted  and  it  did  not  come  up  the  dealer  must 
not  return  the  money,  because  the  dealer  can  say  I 
sold  it  to  you  for  food  only. 

1  7.  If  the  buyer  told  the  dealer  that  he  bought  it  for 
planting,  the  dealer  must  return  the  money. 

1 8.  R  sold  an  ox  to  B  and  B  told  R  that  he  will  trans- 
port him  to  a  different  city  and  after  reaching  the  city  he 
found  a  damage  in  the  ox,  B  can  ask  R  to  return  him  the 
money,  the  responsibility  of  transportation  falls  on  R.     If 


LAW  OF  BUSINESS  FRAUD  Il3 

the  ox  gets  lost  or  stolen  after  he  notified  him  of  the  damage 
the  responsibility  falls  on  the  dealer. 

19.  However,  if  B  did  not  notify  R  that  he  bought  him 
for  transportation  B  must  return  the  damaged  ox  and  then 
he  can  have  returned  his  money. 

20.  If  a  man  sold  an  ox  to  his  comrade  and  he  finds  that 
he  is  a  gore.  If  he  is  a  gore  he  is  not  fit  for  the  plough. 
The  transaction  is  all  right  because  the  dealer  can  say  I 
sold  him  for  slaughter,  except  we  can  prove  from  the  price 
that  buyer  bought  him  for  the  plough,  then  the  dealer  must 
return  the  money. 

CHAPTER  CCXXXIII. 

1.  If  a  man  sells  to  his  comrade  one  kind  of  fruit  and  he 
gives  him  another  kind  of  fruit;  for  instance,  he  promises 
red  wheat  and  he  gives  him  white  wheat,  or  wine  and  he 
gives  him  vinegar,  they  both  can  back  out  of  the  transaction. 

2.  However,  if  he  promises  him  good  wheat  and  he  gives 
him  bad  wheat,  the  dealer  cannot  back  out  even  if  the  price 
IS  raised. 

3.  However,  if  the  dealer  promises  bad  wheat  and  after 
he  gives  him  good  wheat,  the  dealer  can  back  out  and  the 
buyer  cannot  back  out,  even  if  the  price  has  fallen. 

4.  If  a  man  promises  his  comrade  clear  silver  and  after 
he  finds  it  not  clear,  the  transaction  is  all  right,  but  he  must 
return  the  difference. 

CHAPTER  CCXXXIV. 

1 .  If  a  man  sells  to  his  comrade  kosher  religion  meat  and 
after  he  finds  that  it  is  not  kosher,  even  if  the  buyer  has 
eaten  half  of  the  meat,  the  dealer  must  return  him  all  the 


114  JEWISH    CODE    OF    JURISPRUDENCE 

money  and  pay  for  the  distress  and  the  buyer  must  return 
the  remainder  of  the  meat. 

2.  However,  if  he  used  the  not  rehgion  trefa  meat  for 
dogs  or  if  he  had  any  benefit  on  the  meat  he  must  reckon 
off  all  he  used  and  return  the  balance. 

CHAPTER  CCXXXV. 

1 .  The  transaction  of  a  minor  under  six  years  is  not  valid. 

2.  Transactions  made  by  a  minor  from  six  to  thirteen  is 
valid. 

3.  After  thirteen  and  further  all  transactions  made  by  a 
minor  even  in  land  is  valid  when  he  is  clever. 

4.  If  a  minor  inherits  a  note  from  his  father  it  is  subject 
to  the  same  law  as  removable  property. 

5.  If  the  minor  has  a  guardian  the  buying  and  selling  is 
not  legal  except  with  the  permission  of  the  guardian. 

6.  If  a  minor  is  very  clever  in  business  and  he  hasn't  any 
guardian  and  he  buys  or  sells  removable  property  and  he 
fooled  or  was  fooled  by  anybody  he  is  subject  to  the  same 
law  as  an  adult.  A  sixth  of  the  valuation  is  returned  the 
difference  more  than  a  sixth  of  the  valuation  is  destroyed  the 
transaction,  less  than  the  sixth  is  a  pardon. 

7.  If  he  had  inherited  the  land  from  his  father  or  from 
any  other  relative  the  sale  of  this  land  is  not  valid  until  he 
has  reached  the  age  of  twenty  years  and  has  the  signs  of 
adolescence  under  his  armpits.  Such  sale  is  invalid  because 
under  that  age  he  might  be  greedy  for  money  and  there- 
fore cannot  be  trusted. 

8.  If  the  sale  has  been  made  before  age  he  can  demand 


LAW  OF  BUSINESS  FRAUD  II5 

It  back  even  if  he  has  already  become  of  age,  with  the 
profit  except  the  expenses. 

9.  However,  if  after  he  has  become  of  age  he  kept  silent 
about  the  matter  and  put  in  no  demand  he  has  no  more 
claim  on  it. 

10.  If  a  minor  borrows  money  from  others,  if  that  loan 
was  for  support  he  must  pay  back  when  he  has  become  of 
age  and  if  it  was  not  for  support  it  cannot  be  collected. 

I  1  a.  If  a  minor  acts  as  surety  man  for  another  he  is  not 
liable  for  the  money  even  he  has  become  of  age. 

II  b.  A  deaf  and  mute  or  one  who  is  deaf  but  is  not  mute 
can  sell  and  buy  removal  property  by  signs,  but  not  land 
not  even  m  a  transaction  with  removable  property  the  deal 
is  not  valid  unless  the  deaf  man  had  been  previously  ex- 
amined. 

12.  The  transaction  of  a  mute  who  can  hear,  in  buying 
and  selling  removal  property  or  land  or  presents  are  all 
valid  provided  he  has  been  examined.  The  mute  can  make 
the  deal  either  by  signs  or  in  writing. 

13.  A  partially  deaf  man  is  liable  to  the  same  law  as  an 
ordinary  man. 

14.  A  fool's  buying  and  selling  and  presents  are  not 
valid  either  in  removable  property  or  in  land  and  the  court 
must  appoint  an  executor,  just  as  in  the  case  of  orphans. 

15.  Transaction  of  an  epileptic  while  he  is  in  a  healthy 
condition  are  valid  but  if  the  transaction  was  made  during 
an  attack  it  is  not  valid. 

16.  If  two  witnesses  testify  that  the  sale  was  made  when 
he  was  healthy  and  two  others  testify  that  it  was  made  dur- 


Il6  JEWISH     CODE    OF    JURISPRUDENCE 

ing  an  attack;  if  it  is  a  sale  of  removal  property  it  belongs 
to  the  buyer,  if  land  it  belongs  to  the  seller. 

1  7.  A  drunkard  who  is  only  somewhat  tipsy  the  trans- 
action is  valid,  but  if  he  is  as  drunk  as  Lot  the  transaction 
is  invalid  as  in  the  case  of  a  fool. 

18.  If  the  court  buys  or  sells  goods  belonging  to  orphans 
either  in  land  or  in  removable  property  and  likewise  and 
executor  whether  appointed  by  the  court  or  by  the  father 
such  deals  are  valid,  but  presents  are  not  valid. 

1 9.  If  the  deal  is  made  on  the  Sabbath  or  on  a  holiday 
it  is  valid  but  the  deed  must  be  written  after  the  holidays. 

CHAPTER  CCXXXVII. 

1 .  If  a  man  wants  to  buy  or  rent  an  article  or  land  or  a 
job  and  another  man  takes  the  chance  away  from  him,  the 
other  party  is  liable  to  punishment. 

2.  It  IS  borbidden  that  a  teacher  should  try  to  be  hired 
when  there  is  another  there  already,  except  when  the  owner 
discharges  the  other  teacher. 

3.  It  is  allowed  to  the  owner  to  hire  the  same  teacher 
as  another  owner  has. 

CHAPTER  CCXXXVIII. 

1 .  The  deed  on  the  field  can  be  written  by  the  seller 
even  if  the  buyer  is  not  present,  the  witness  must  know  the 
names  of  the  buyer  and  the  seller. 

2.  The  buyer  is  not  allowed  to  write  the  deed  if  the 
seller  is  not  present. 

3.  The  expense  of  writing  the  deed  belongs  to  the  buyer. 


LAW  OF  GIFTS  II7 

4.  If  a  man  says  to  witness  write  a  deed  that  I  give  a 
present  the  house  that  I  got  in  a  different  city  to  R.  The 
witness  can  sign  the  deed  even  if  he  does  not  know  whether 
he  has  a  house  in  that  city  or  not. 

5.  If  in  a  deed  is  written  that  R  sold  the  house  to  B 
even  if  the  amount  is  not  written  the  deed  is  vaHd. 

CHAPTER  CCXXXIX. 

1 .  If  a  man  claims  in  court  or  to  the  witness  that  he  lost 
the  deed  on  the  property  what  he  bought  he  is  entitled  to 
a  duplicate,  on  which  must  be  written  the  date  when  he 
bought  the  house. 

2.  When  the  sale  is  made  it  is  allowed  to  the  buyer  to 
demand  duplicates  of  the  deed. 

CHAPTER  CCXL. 

1 .  If  a  man  gives  two  deeds  of  the  same  date  to  two  dif- 
ferent parties  and  does  not  mention  the  hour  the  decision 
is  left  to  the  court  and  the  landlord  must  return  to  the  other 
party  the  money. 

CHAPTER  CCXLI. 

1 .  When  a  man  gives  a  present  to  his  comrade  either  in 
land  or  in  removable  property  the  transaction  is  not  valid 
except  when  he  makes  some  ceremony  of  agreement  even 
not  in  the  presence  of  witness,  if  they  both  confess.  For 
the  promises  there  is  no  claim. 

2.  If  the  article  is  lying  in  the  possession  of  the  present 
taker  even  with  promises  is  the  transaction  valid.  For  in- 
stance if  he  has  by  the  present  taker  a  debt  or  he  gives  him 


Il8  JEWISH     CODE    OF    JURISPRUDENCE 

something  to  storage  even  if  the  lender  has  a  pledge  or  a 
note  and  he  promised  to  give  it  to  him  as  a  present  he  must 
return  the  note  or  the  pledge. 

3.  When  a  man  promises  to  give  him  a  house  from  his 
houses  and  he  does  not  specify  w^hich  one,  the  transaction 
is  not  valid  because  he  must  write  down  what  present  he 
wants  offer  to  give  him. 

4.  The  present  must  be  given  to  the  present  taker  with 
all  privileges  so  that  he  can  do  with  it  what  he  pleases  then 
the  transaction  is  valid. 

5.  The  present  can  be  given  for  a  certain  time,  providing 
that  he  return  it  and  if  he  doesn't  return  it  the  present  is  not 
valid. 

6.  If  a  man  presents  his  comrade  v/ith  an  ox  for  thirty 
days  and  within  these  thirty  days  the  ox  dies,  the  present 
taker  is  not  liable. 

7.  R  gave  a  present  of  a  house  to  his  two  sons,  one  is  of 
age,  and  the  other  is  a  minor,  and  he  stipulated  that  the 
oldest  cannot  sell  it  except  when  the  minor  will  be  of  age. 
The  oldest  sold  it  before  the  minor  reached  age,  the  trans- 
action is  not  valid,  after  the  father's  death  the  minor  is  en- 
titled to  receive  his  portion  of  the  house  and  half  of  the 
brother's  portion  of  the  house. 

CHAPTER  CCXLII. 

1.  If  a  man  is  compelled  to  give  a  present  the  present  is 
not  valid.     He  must  prove  that  he  was  compelled. 

2.  A  present  that  is  given  in  secret  is  not  valid  when  a 
deed  on  a  present  is  written  it  must  be  stated  that  it  was 
written  open. 


LAW   OF   GIFTS  IIQ 

3.  Tlie  will  of  an  invalid  even  if  he  says  that  it  be  kept 
secret  until  after  his  death  is  valid. 

4.  If  a  man  writes  two  present  notes  on  one  field,  the 
first  was  in  secret  and  the  second  was  in  open,  the  second 
is  valid. 

5.  If  the  court  understands  that  therefore  he  wrote  the 
secret  because  he  was  compelled  to  the  open,  even  the  open 
is  invalid. 

6.  For  mstance  one  was  recommended  to  marry  a  certain 
woman  this  woman  says  I  wouldn't  marry  you  unless  you 
present  me  with  your  fortune  in  my  name.  His  son  weeps 
before  his  father,  why  did  you  leave  me  without  anything. 
The  father  says  to  witness  write  in  secret  that  all  my  fortune 
belongs  to  my  son,  after  in  open  he  wrote  the  fortune  to 
his  wife.     The  transaction  of  both  is  invalid. 

CHAPTER  CCXLIII. 

1 .  Even  not  in  the  presence  of  the  present  taker  somebody 
else  can  make  ceremony  of  agreement  and  the  present 
giver  cannot  back  out.  The  present  taker  is  not  compelled 
to  receive  the  present. 

2.  The  man  who  makes  the  ceremony  of  agreement  for 
the  present  taker  must  be  of  age  and  sensible.  It  makes 
no  difference  whether  it  is  a  man  or  a  woman. 

3.  The  present  taker  can  be  a  minor  also. 

CHAPTER  CCXLIV. 

1 .  If  a  man  says  to  a  messenger  to  tell  witnesses  to  write 
a  deed  on  the  house  for  a  present  to  another  party  the  present 
is  not  valid. 


I20  JEWISH     CODE    OF    JURISPRUDENCE 

CHAPTER  CCXLV. 

1 .  If  a  man  writes  in  the  deed  that  he  gave  the  house  to 
the  party  it  is  vaHd,  but  if  he  writes  that  he  will  give  it,  it  is 
invalid  even  if  witness  testify. 

2.  R  gave  a  field  to  B  with  a  deed,  for  a  present  and 
after  B  returned  the  deed  to  R  the  present  is  not  destroyed 
except  when  B  makes  a  ceremony  of  agreement  of  the 
transaction. 

CHAPTER  CCXLVI. 

1.  R  had  a  son  in  another  country  and  he  heard  that 
he  died,  he  wrote  all  his  fortune  for  a  present  to  somebody 
else  legally,  after  he  heard  that  the  son  was  living.  The 
transaction  is  not  valid.  However  if  he  left  something  from 
the  fortune  it  is  valid. 

2.  If  a  man  has  to  run  away  from  a  city  because  he  was 
in  danger  of  creditors  and  he  presents  all  his  property  to 
somebody  else  and  after  he  compromises  with  the  creditors 
the  transaction  of  the  present  is  not  valid, 

3.  If  an  invalid  or  a  healthy  man  writes  all  of  his  fortune 
to  one  of  his  sons  or  to  his  wife  even  if  the  son  is  a 
minor.  The  son  or  the  wife  has  only  the  power  of  an 
executor  and  the  valuation  of  the  fortune  belongs  to  all 
the  brothers. 

4.  However  if  he  left  any  of  the  fortune  for  himself,  the 
transaction  is  valid. 

5.  If  he  writes  half  for  the  son  and  half  for  a  stranger  the 
transaction  is  valid. 

6.  If  the  transaction  is  destroyed  the  present  laker 
is  not  supposed  to  return  the  worth  of  the  fruit  that  he  ate. 


LAW  OF  GIFTS  121 

7.  If  a  man  invites  another  man  for  a  dinner,  he  can 
charge  him  for  it,  except  if  the  man  is  poor  and  he  can 
have  in  some  other  place  for  nothing  then  he  can't  charge 
him. 

CHAPTER  CCXLVII. 

f.  A  man  sends  presents  to  his  family  and  he  writes  that 
they  are  for  the  children  he  has  daughters  and  sons.  If  in 
the  presents  there  are  some  that  can  be  used  by  the  daughters 
for  instance  jewelry,  silks  belongs  to  the  daughters  and 
ammunition  belongs  to  the  boys,  but  if  there  is  anything 
that  the  sons  and  daughters  can  use  it  belongs  to  the  sons. 

2.  An  invalid  left  to  his  son  all  his  fortune,  and  he 
wrote  in  the  will  that  he  must  give  a  certain  amount  to  each 
of  the  daughters.  One  of  the  daughters  died  and  she  left 
one  son,  the  uncle  is  not  supposed  to  give  her  son  his  mother's 
amount  because  he  means  only  to  daughter  and  not  to  his 
heirs. 

CHAPTER  CCL. 

1 .  Presents  given  by  an  invalid  are  valid  without  any 
ceremony  of  agreement  because  words  spoken  before  death 
are  as  valid  as  writing.  There  is  no  difference  whether  he 
orders  them  to  be  given  immediately  after  death  or  at  some 
future  date. 

2.  If  the  invalid  appoints  an  executor  with  power  to 
divide  his  fortune  the  heirs  can  break  the  appointment. 

3.  If  an  invalid  wills  his  entire  fortune  away  and  then 
regains  his  health,  even  if  there  was  a  ceremony  of  agreement 
the  transaction  is  invalid. 

4.  However,  if  he  had  stated  before  there  should  be  no 


122  JEWISH     CODE    OF    JtjRISPRUDENCE 

backing  out  and  there  was  a  ceremony  of  agreement  the 
first  transaction  is  vaHd. 

5.  If  the  invalid  had  not  entirely  recovered  his  health, 
but  developed  different  maladies,  so  long  as  he  was  unable 
to  walk  in  the  street  with  the  support  of  his  cane  the  first 
transaction  is  valid. 

6.  However,  if  he  had  been  able  to  walk  in  the  street 
supported  by  a  cane,  but  later  fell  sick  agam  from  which  he 
died,  expert  opinion  must  be  obtained.  If  they  decide  that 
he  died  from  his  first  illness  the  transaction  is  valid;  if  from 
a  new  ailment  the  transaction  is  invalid. 

7.  If  he  had  been  able  to  walk  not  supported  by  a  cane 
the  transaction  is  valid  without  expert  opinion. 

8.  If  he  had  confessed  that  the  property  belonged  to 
another  the  transaction  is  valid. 

9.  If  an  invalid  sold  his  entire  property  and  then  recovered 
his  health,  if  he  still  has  the  money  he  can  break  the  trans- 
action, but  if  he  had  spent  the  money  the  sale  is  valid, 

10.  If  he  had  only  sold  part  of  the  property  the  trans- 
action is  valid  under  any  conditions. 

11.  If  an  invalid  wills  away  only  part  of  his  fortune  even 
if  it  is  a  miximum  percentage,  whether  he  leaves  for  himself 
removable  property  or  land,  so  long  as  it  is  sufficient  for 
his  support  there  must  be  a  ceremony  of  agreement  even  if 
he  dies  afterward.  There  can  be  no  backing  out  on  re- 
covery. 

12.  A  man  is  considered  an  invalid  only  if  he  is  con- 
fined to  bed. 

13.  If  a  man  becomes  mute  and  then  orders  by  signs  to 


LAW   OF  GIFTS  1 23 

give  away  a  present  he  must  be  examined  to  see  if  he  answers 
rationally,  the  transaction  is  then  valid. 

14.  If  a  man  on  the  deathbed  leaves  a  present  it  is  valid. 

15.  If  an  invalid,  at  the  giving  of  the  present  suggests  that 
the  reason  for  his  giving  is  only  because  he  expects  to  die, 
even  if  he  leaves  enough  for  his  support  and  makes  a 
ceremony  of  agreement  so  long  as  he  recovers  he  can  back 
out  of  the  transaction.  If  he  dies  the  transaction  is  valid 
even  without  a  ceremony  of  agreement. 

16.  If  a  man  gives  away  a  present  while  he  is  on  a 
dangerous  sea  voyage  or  m  a  wilderness  even  if  he  left  some- 
thing for  his  own  support;  if  he  comes  out  safe  the  trans- 
action is  invalid  even  if  there  was  a  ceremony  of  agreement, 
but  if  he  is  lost  the  transaction  is  valid  even  without  a  cere- 
mony of  agreement. 

1  7.  If  an  invalid  presents  one  note  to  two  parties,  and 
at  his  recovery  backs  out  of  half  of  the  transaction  the  other 
half  is  likewise  invalid. 

18.  If  he  had  stipulated  that  he  backs  out  of  only  one- 
half  the  other  half  is  valid. 

19.  If  the  invalid  first  leaves  his  entire  fortune  to  one 
party,  and  then  leaves  part  of  the  same  fortune  to  another 
party.  In  regard  to  the  first  party  he  had  the  right  to  back 
out.  In  regard  to  the  second  party,  if  there  was  a  ceremony 
of  agreement,  even  he  recovered,  it  is  valid,  and  if  there  was 
no  ceremony  of  agreement,  it  is  invalid,  even  if  he  dies. 

20.  On  the  contrary,  if  he  leaves  part  of  his  fortune  to 
the  first  and  the  balance  to  a  second.  Since  in  the  first  case 
he  had  left  enough  for  support  the  tranaction  is  valid  even 
if  he  recovers,  so  long  as  there  was  a  ceremony  of  agreement. 


124  JEWISH     CODE    OF    JURISPRUDENCE 

In  the  second  case  he  had  left  nothing  for  himself,  and,  there- 
fore, if  he  dies  the  transaction  is  valid,  even  without  a  cere- 
mony, if  he  recovers  it  is  invalid  even  with  a  ceremony  of 
agreement. 

21 .  If  a  man  died  and  they  found  a  note  in  a  bandage 
on  his  arm  in  which  is  written  that  he  gave  a  present  to  R, 
even  if  witness  signed  the  note,  it  is  invalid  because  he 
might  have  backed  out. 

22.  In  case  he  wrote  a  note  either  in  the  name  of  another 
person  or  m  the  name  of  his  heirs  and  he  deposited  it  by  a 
third  party  not  mentioning  what  to  do  with  the  note,  and 
he  died,  the  note  is  invalid. 

CHAPTER  CCLI. 

1 .  When  the  court  writes  a  deed  on  an  invalid's  fortune 
it  must  be  mentioned  therein  that  he  died  from  the  same 
sickness  when  he  promised  the  present,  if  not  the  deed  is 
invalid. 

CHAPTER  CCLII. 

1 .  It  is  a  command  to  obey  the  words  said  on  a  deathbed 
even  if  he  was  healthy  and  died  afterwards,  the  words  must 
be  obeyed. 

2.  If  a  man  makes  a  vow  or  swears  to  give  a  certain 
amount  to  another  party  and  he  dies  afterwards,  the  heirs 
are  not  supposed  to  obey  the  vow. 

CHAPTER  CCLIII. 

1 .  If  two  guests  visit  an  invalid  and  the  invalid  commands 
them  to  distribute  certain  amounts  of  his  property  to  dif- 
ferent people,  the  visitors  have  a  right  to  write  the  will. 


LAW  OF  GIFTS  125 

2.  If  the  visitors  asked  the  invalid  to  whom  his  fortune 
belongs,  the  invaHd  repHed  that  "I  think  I  have  a  son  and  a 
wife  who  is  pregnant,  but  I  heard  that  my  son  died  and  my 
wile  IS  not  pregnant,  therefore,  I  will  my  fortune  to  R." 
And  after  his  death  the  court  found  that  the  son  is  alive  and 
the  wife  is  pregnant,  the  will  is  invalid. 

3.  If  an  invalid  commands  that  they  give  $200  to  one 
and  $300  to  another  and  $400  to  another,  after  his  death 
they  find  that  he  has  only  $800,  they  must  divide  the  $800 
into  9  parts  and  give  each  one  his  share;  for  instance,  one 
gets  2  parts,  the  second  3  parts,  the  fourth  4  parts. 

4.  However,  if  there  is  a  note  on  the  invalid  for  $450 
each  one  must  give  his  share  of  the  money,  for  instance,  the 
one  who  has  the  promise  of  $200  must  give  $100  and  the 
$300  must  give  $150  and  the  $400,  $200;  the  total  is 
$450. 

5.  R  on  his  deathbed  commanded  that  they  give  2/3 
of  his  fortune  to  his  daughter  and  1  /3  for  my  heirs  and  he 
has  a  son,  after  his  death  there  was  a  note  for  collection 
and  the  son  claims  that  the  daughter  should  pay  2/3  of  the 
note  and  he  1/3,  the  son  must  pay  the  whole  note. 

6.  R  commands  on  his  deathbed  that  they  give  $200  to 
B  and  let  him  marry  my  daughter,  B  can  take  the  $200 
without  marrying  the  daughter.  However,  if  he  says  marry 
my  daughter  and  I  will  give  you  $200,  B  is  not  entitled 
to  the  $200  without  marrying  the  daughter. 

7.  If  an  invalid  commands  "give  $200  value  from  my 
wine  to  B"  after  some  of  the  wine  got  spoiled,  B  must  lose 
according  to  the  value  of  his  share. 

8.  If  an  invalid  commands  "give  my  daughter  $200  for 


126  JEWISH     CODE    OF    JURISPRUDENCE 

a  dowry"  she  is  entitled  to  the  money  even  before  marriage; 
however,  if  he  says  in  dowry  she  is  not  entitled  to  it  before 
she  gets  married. 

9.  If  an  invalid  commands  "give  $2  a  week  for  support 
of  my  orphans"  and  they  need  $5  a  week,  they  are  entitled 
to  the  $5.  But  if  he  left  the  rest  of  his  fortune  to  another 
party  then  they  must  only  get  $2. 

10.  If  an  invalid  commands  "give  $200  to  a  synagogue" 
they  must  give  to  the  synagogue  in  which  he  was  acquainted. 

1  1 .  An  invalid  has  a  fortune  worth  $2 1 00,  he  also  had 
a  pregnant  wife,  and  he  commanded  if  she  has  a  boy,  let 
the  boy  take  $1400  and  my  wife  $700,  and  if  she  has  a  girl, 
let  the  girl  take  $700  and  the  wife  $1400.  After  the  wife 
had  twins,  a  boy  and  a  girl ;  according  to  R's  idea  we 
understand  that  R  wanted  the  boy  to  have  double  the 
amount  of  his  mother,  and  the  mother  double  the  amount 
of  the  daughter,  therefore  divide  the  money  in  7  parts  and 
give  to  the  boy  4  parts,  $1200;  and  to  the  wife  2  parts, 
$600;  and  to  the  daughter  1  part,  $300;  total  equals 
$2100. 

On  account  of  the  law  of  the  Holy  Scriptures  the  will  is 
destroyed  and  all  the  money  belongs  to  the  son. 

12.  If  an  invalid  gives  presents  to  strangers  and  left  part 
of  his  fortune  to  his  heirs,  the  expense  of  the  invalid's  burial 
belongs  to  the  heirs. 

CHAPTER  CCLIV. 

1 .  If  an  invalid  asks  to  make  some  ceremony  of  agreement 
of  his  will  even  if  it  is  not  necessary  according  to  the  law 
it  must  be  done  even  on  the  Sabbath,  so  as  to  give  the  invalid 
a  good  feeling. 


LAW   OF  LOST  AND  FOUND  1 27 

CHAPTER  CCLV. 

1 .  If  an  invalid  says  he  has  debts,  the  witness  must  write 
everything  and,  after,  if  the  heirs  come  to  collect  the  debt 
they  must  bring  evidence. 

2.  If  an  invalid  says  I  owe  R  $100  and  after,  the 
orphans  say  we  payed  the  $100  the  heirs  are  not  believed, 
however,  if  the  invalid  says  giye  $100  to  R  then  the  heirs 
are  believed,  if  they  say  they  paid. 

3.  A  father  hid  some  money  in  the  presence  of  his  son 
saying  that  it  belongs  to  some  other  party,  if  the  son  under- 
stands that  his  father's  saying  was  true  he  must  obey  his 
saying,  but  if  the  son  understands  that  the  saying  was  in 
jest,  the  money  belongs  to  the  son. 

4.  If  the  mvalid  has  a  trust  in  his  possession,  afterward 
dies,  and  the  son  doesn't  know  where  it  lies,  and  to  whom  it 
belongs.  At  night  the  son  has  a  dream  showing  him  where 
it  lies  how  much  is  in  it  and  to  whom  it  belongs,  the  trust 
belongs  to  the  son  and  the  dream  m  mvalid. 

Holy  Scriptures  say  (Deuteronomy  xxii)  :  Thou 
shalt  not  see  thy  brother's  ox  or  his  lamb  go  astray,  and 
withdraw  thyself  from  them:  thou  shalt  surely  bring  them 
back  again  unto  thy  brother.  But  if  thy  brother  be  not  nigh 
unto  thee,  or  thou  know  him  not:  then  shalt  thou  take  it 
unto  thy  house,  and  it  shall  remain  with  thee  until  thy 
brother  inquire  after  it,  and  then  shalt  thou  restore  it  to  him. 
In  like  manner  shalt  thou  do  with  his  ass;  and  in  like  manner 
shalt  thou  do  with  his  raiment ;  and  m  like  manner  shalt  thou 
do  with  every  lost  thing  of  thy  brother's,  which  may  have 
been  lost  to  him,  and  which  thou  hast  found;  thou  art  not 
at  liberty  to  withdraw  thyself. 


128  JEWISH    CODE    OF    JURISPRUDENCE 

CHAPTER  CCLIX. 

1 .  If  you  notice  some  one  has  lost  something  it  is  a  com- 
mand to  take  the  trouble  and  return  the  loss. 

2.  It  is  necessary  first  of  all  to  understand  clearly  that 
it  is  a  loss;  secondly  that  it  has  value;  thirdly  that  it  is  a 
decent  article  which  you  would  pick  up  if  it  were  your  own. 

3.  If  a  man  succeeds  in  rescuing  a  lamb  from  the  jaws 
of  a  lion  or  a  bear,  or  he  saves  articles  from  the  sea,  that 
is,  from  a  sinking  ship,  or  from  a  flood  by  his  own  prowess 
it  belongs  to  him,  even  if  the  owner  is  present  and  cries  that 
it  is  his  property. 

4.  If  there  is  a  government  or  court  rule  to  return  the 
articles  in  such  circumstances,  the  articles  must  be  returned. 

5.  If  the  article  is  found  in  a  place  where  a  net  has  been 
spread  or  there  is  another  enclosure  in  the  water,  the  article 
must  be  returned  to  the  owner. 

6.  Even  in  the  case  of  a  loss  of  land  the  law  of  return 
is  valid.  Loss  of  land  means,  for  instance,  as  when  a  flood 
is  about  to  overflow  it  and  I  save  it  by  putting  up  some 
obstruction. 

CHAPTER  CCLX. 

1 .  If  B  is  R's  tenant  and  a  valuable  thing,  such  as  doves, 
falls  into  B's  apartment  he  must  share  it  with  R. 

2.  If  a  man  finds  money  either  on  or  outside  of  the  counter 
in  a  store  it  belongs  to  him.  If  he  finds  it  behind  the  counter 
it  belongs  to  the  storekeeper. 

3.  If  he  is  not  reasonably  sure  that  the  article  has  been 


LAW  OF  LOST  AND  FOUND  129 

lost,  but  that  it  might  have  been  put  there  purposely  he  must 
not  touch  it. 


CHAPTER  CCLXI. 

1.  If  a  man  has  seen  an  ass  pasturing  for  three  nights 
continuously  he  must  consider  it  lost  and  return  it  to  its 
owner.     If  he  finds  it  very  late  at  night,  one  night  is  sufficient. 

2.  If  you  see  some  one  purposely  throw  away  an  article 
you  can  take  it  for  yourself. 


CHAPTER  CCLXII. 

1 .  A  loss  less  than  a  cent  need  not  be  returned.  It  must 
have  at  least  the  value  of  a  cent  both  when  lost  and  when 
found. 

2.  If  a  man  sees  an  article  drop  between  three  people  and 
he  sees  exactly  who  lost  it  he  must  return  it  to  the  owner, 
if  he  is  in  doubt  and  the  article  has  a  mark  on  it  he  must 
advertise  it.  If  there  is  no  mark  of  identification  he  can 
keep  it. 

3.  If  some  one  finds  money  dropped  into  a  pile  of  sand 
and  it  is  certain  that  the  owner  had  given  up  all  hope  of 
finding  it,  it  belongs  to  him  because  coins  have  no  distinguish- 
ing mark. 

4.  If  one  finds  a  pocketbook  and  near  it  lies  scattered 
money,  the  money  belongs  to  the  finder.  If,  however,  there 
is  reasonable  certainty  that  the  money  had  fallen  out  of  the 
pocketbook  he  must  advertise  it. 


130  JEWISH     CODE    OF    JURISPRUDENCE 

CHAPTER  CCLXIII. 

1 .  If  an  honorable  man  finds  an  article  which  he  would 
be  ashamed  to  carry  even  if  it  were  his  own  he  need  not 
take  the  trouble  to  return  it. 

2.  If  the  honorable  man  had  already  begun  to  carry  the 
article  he  is  forbidden  to  put  it  down  again. 

•       CHAPTER  CCLXIV. 

1 .  If  a  man  finds  his  own  loss  and  some  one  else's  and  it 
is  impossible  to  carry  both  at  once  he  must  first  take  care, 
of  his  own. 

2.  If  a  man  sees  two  asses  drowning,  one  his  own  and  the 
other  anothers  and  he  rescues  the  others  because  it  is  of 
greater  value,  and  it  was  possible  to  send  in  another  diver 
to  save  it,  the  rescuer  is  entitled  only  to  the  wage  of  a  diver. 
If,  however,  he  had  at  first  stipulated  that  he  would  save  the 
others  on  condition  that  he  pay  him  for  his  own,  he  is 
entitled  to  the  amount  his  own  is  worth. 

3.  If,  after  the  above  stipulation,  he  jumped  in  to  the 
rescue  but  the  ass  swims  to  safety  himself,  or  gets  drowned 
the  diver  is  not  even  entitled  to  wages  unless  he  had  at  first 
stipulated  for  it. 

4.  If  one  man  carries  a  barrel  of  honey  and  another  a 
barrel  of  wine,  and  then  the  barrel  of  honey  partially  begins 
to  split  and  then  the  bearer  of  the  wine  voluntarily  pours 
out  his  wine  to  make  place  for  the  honey,  he  can  only  claim 
wages  for  work  but  he  cannot  claim  the  return  of  the  cost 
of  the  wine  unless  he  had  at  first  stipulated  for  it. 

5.  However,  if  the  honey  barrel  was  so  split  that  the 


LAW   OF  LOST  AND  FOUND  I3I 

honey  would  have  been  all  lost  if  not  for  the  wine  barrel, 
the  entne  honey  belongs  to  the  bearer  of  the  wine  barrel. 

6.  If  there  is  a  fire  in  a  city  and  a  man  saves  goods  which 
would  otherwise  be  burned,  he  is  entitled  to  it. 

7.  If  in  the  case  of  the  split  barrel  of  honey  the  bearer 
meets  a  man  who  has  empty  barrels  for  rent  and  the  latter 
refuses  to  give  him  a  barrel  unless  he  agrees  to  give  him 
half  of  the  honey,  and  then  the  bearer,  after  saving  his 
honey,  refuses  to  keep  his  promise,  the  barrel  seller  is  only 
entitled  to  the  price  of  the  barrel. 

8.  If,  however,  the  seller  had  taken  the  half  barrel  of 
honey  or  payment  for  same  in  advance  the  bearer  can  have 
no  claim  to  it. 

CHAPTER  CCLXVI. 

1.  If  a  man  finds  a  dangerous  animal,  he  is  not  called 
upon  to  return  it  to  the  owner,  but  is  even  permitted  to  kill  it. 

2.  If  a  father  orders  his  son  not  to  return  a  loss,  the  latter 
need  not  obey  his  father. 

CHAPTER  CCLXVII. 

1 .  If  a  man  finds  a  lost  article  with  a  distinguishing  mark 
on  it  he  must  advertise  and  announce  it  in  public  places. 

2.  If  two  claim  it,  and  one  brings  marks  and  the  other 
witnesses  the  latter  is  entitled  to  it. 

3.  If  he  has  advertised  and  no  one  claimed  it,  he  must 
keep  it  in  his  possession.  If  it  is  then  stolen  or  lost  he  is  not 
responsible  except  when  it  is  due  to  his  negligence. 

4.  It  is  his  duty  to  take  care  of  it.     For  instance  if  it 


132  JEWISH     CODE    OF    JURISPRUDENCE 

is  an  animal  he  must  feed  and  clean  it.     If  it  is  a  rug  or  a 
book  he  must  air  it. 

5.  If  the  find  earns  its  expenses  he  must  keep  it  twelve 
months.  If  it  doesn't  earn  its  expenses  he  can  sell  it  after 
three  days,  but  before  witnesses. 

6.  He  is  permitted  to  use  the  money  for  the  sale;  but  if 
an  accident  happens  to  it,  he  is  responsible  for  it,  if  the 
owner  should  come  to  claim  it. 

7.  However,  if  he  finds  a  pocketbook  with  money  he  is 
not  allowed  to  make  use  of  it.  Therefore  if  it  is  stolen  or 
lost  he  is  not  liable  except  if  it  is  due  to  his  negligence. 

8.  If  he  has  had  expenses  in  keeping  the  article,  he  can 
claim  then  from  the  owner  without  an  oath. 

9.  If  the  owner  claim  that  there  were  two  pocketbooks 
tied  together  and  that  the  finder  retained  one  for  himself, 
the  finder  is  trusted  without  oath  in  this  case  because  he  was 
honorable  enough  to  return  the  loss. 

CHAPTER  CCLXVIII. 

1 .  The  find  doesn't  belong  to  the  finder  unless  he  puts 
it  entirely  into  his  possession.  Therefore,  if  a  man  throws 
himself  on  a  lost  article  and  another  man  takes  it  from  under- 
neath him,  it  belongs  to  the  latter,  if  it  happens  on  a  high- 
way. 

2.  However,  if  it  happens  in  a  narrow  street  or  in  an  open 
field  that  has  no  owners,  each  person  is  temporary  owner 
of  the  four  yards  which  he  occupies,  and  therefore  the  article 
belongs  to  the  one  who  falls  on  it. 

3.  If  both  come  to  the  spot  at  the  same  time  they  must 


LAW  OF  LOST  AND  FOUND  1 33 

divide  up  the  find  equally,  because  the  four  yards  belong 
to  both. 

4.  If  an  article  falls  into  a  fenced  or  protected  yard  it 
belongs  to  the  owner  even  if  he  is  not  present.  However,  if 
the  yard  is  not  fenced  or  protected  the  owner  is  not  entitled 
to  the  article  unless  he  is  present  and  states,  "My  field 
procured  me  this  chance," 

5.  R  brings  a  bargain  into  a  private  yard  and  the  owner 
B  of  the  yard  wanted  to  buy  it  and  then  a  third  party,  C 
came  and  it  was  sold  to  him,  there  are  two  judicial  opinions 
one  states  the  owner  of  the  yard  is  entitled  to  it,  the  other 
grants  it  to  the  buyer.  Wherever  there  is  a  doubt  in  the 
law,  the  goods  belongs  to  him  who  already  has  it  in  his 
possession. 

6.  However,  if  a  bargain  is  later  brought  into  C's  yard 
and  B  buys  it,  but  C  refuses  to  give  it  to  him ;  B  has  a  right 
to  put  two  propositions  to  C  if  the  right  is  on  the  side  of  the 
first  opinion,  then  I'm  entitled  to  the  second  bargain  and  if 
the  right  is  on  the  side  of  the  second  opinion,  then  I'm 
entitled  to  the  first  bargain. 

7.  If,  however,  the  first  contention  was  settled  by  court, 
B  can  no  longer  apply  the  above  propositions  to  C. 

8.  The  law  of  possession  of  the  yard  or  the  temporary 
four  yards  which  entitles  the  owner  of  them  to  an  article 
found  there  is  only  valid  in  case  of  a  female;  not  in  the 
case  of  a  male  or  minor. 

CHAPTER  CCLXIX. 

I .  If  B  find  something  and  B  picks  it  up  with  the  idea  of 
giving  it  to  R  the  article  belongs  to  R. 


134  JEWISH     CODE    OF    JURISPRUDENCE 

2.  If  both  pick  it  up  together,  each  by  one  end,  it  belongs 
to  both ;  and  if  a  third  party  interferes  he  cannot  claim  it. 

3.  If  a  deaf  man,  or  a  fool,  or  a  minor  picks  up  a  loss  for 
a  sound  man,  a  third  party  can  claim  it. 


CHAPTER  CCLXX. 

1 .  If  a  deaf  man,  or  a  fool,  or  a  minor  finds  something 
and  another  party  snatches  it  away  from  them,  he  is  entitled 
to  it.  It  is  forbidden  to  snatch  from  them  on  account  of 
honor  and  peace. 

2.  If  one  refuses  to  pay  the  deaf,  fool,  or  minor  wages 
for  labor,  it  can  be  collected  through  court. 

3.  If  a  person  whether  minor  or  major  who  is  supported 
by  his  parents,  finds  somethmg,  the  parents  are  entitled  to  it, 
also  to  their  earnings  so  long  as  the  parents  are  the  supporters. 

4.  If,  however,  the  parents  do  not  support  him,  as  in  the 
case  of  an  orphan,  he  is  entitled  to  the  find  even  if  he  is  a 
minor. 

5.  Presents  given  to  a  minor  belong  to  the  parents;  if  to 
a  major  it  belongs  to  him  even  if  the  parents  support  him. 

6.  A  working  man  who  finds  something  in  the  place 
where  he  works  he  is  entitled  to  it. 

7.  However,  if  the  laborer  was  hired  to  look  for  losses. 
For  instance  after  the  tide  of  a  river  had  ebbed,  he  was 
hired  to  take  out  the  fish,  and  there  he  found  a  pocketbook 
with  money  it  all  belongs  to  the  employer. 


LAW  FOR  UNLOADING  AND  LOADING  135 

CHAPTER  CCLXXI. 

1.  If  two  find  a  horse,  and  one  only  seizes  it  by  the 
halter  while  the  other  begins  to  drag  it,  it  belongs  to  the 
latter. 

CHAPTER  CCLXXII. 
THE  LAW  FOR  UNLOAD  AND  RELOAD. 

1 .  When  you  see  the  back  of  an  animal  bend  under  the 
weight  of  the  load,  you  must  help  him  to  unload. 

A.  "If  thou  see  the  ass  of  him  that  hateth  thee  lying 
under  his  burden,  and  wouldst  forbear  to  unload  him,  (thou 
must  not  do  so,  but)  thou  shalt  surely  unload  with  him." — 
(Exodus,  xxiii.  5.) 

2.  When  you  see  an  animal  of  your  brother's  needs  to 
be  reloaded,  you  must  help  him  reload. 

B.  "Thou  shalt  not  see  thy  brother's  ass  or  his  ox  fallen 
down  by  the  way,  and  withdraw  thyself  from  them:  thou 
shalt  surely  help  him  to  lift  them  up  again." — (Deuter- 
onomy, xxii,  4.) 

The  above  passages  from  the  Bible  command  us  to  be 
humane  in  our  treatment  of  animals  (not  merely  '  ass  or 
"ox,"  but  all  animals). 

3.  When  you  meet  your  comrade  m  the  middle  of  the 
way  and  his  animal  is  bent  under  the  weight  of  his  load, 
even  if  the  animal  is  overloaded,  the  commandment  says 
you  must  help  him  unload. 

4.  You  must  not  unload  and  leave  him  in  the  middle  of 
the  way,  in  trouble,  but  you  must  help  him  to  unload  or 


I3C)  JEWISH     CODE    OF    JURISPRUDENCE 

reload  a  hundred  times  and  to  go  with  him  at  least  a  mile, 
except  if  the  driving  the  animal,  tells  you  services  are  not 
needed. 

5.  If  the  animal  naturally  lies  down,  you  are  not  com- 
pelled to  unload. 

6.  If  a  man  is  old,  unable,  or  his  honor  does  not  permit, 
he  is  excepted  from  helping  to  unload  or  reload. 

7.  The  commandment  holds  if  we  see  it  from  a  distance 
of  226  2/3  yards,  then  you  must  help,  but  not  from  any 
further  distance. 

8.  For  reloading  and  walkmg  a  mile  or  so,  you  can  de- 
mand payment. 

9.  When  you  see  an  animal  alone  with  his  load  falling, 
the  same  commandment  holds  good.  If  you  see  the  animal 
with  his  driver  and  he  does  not  wish  to  help  you,  it  is  not 
necessary  that  you  help  at  all. 

10.  This  commandment  holds  good  for  Jews  and  Gen- 
tiles. 

1  1 .  When  you  meet  two  asses  one  needmg  reloading  and 
the  other  unloadmg,  the  case  requiring  unloading  comes 
first;  except  when  the  beast  requiring  reloading  belongs  to 
an  enemy,  and  the  one  requiring  unloading  to  a  friend,  the 
reloading  should  be  done  first. 

1 2.  Two  expressmen  going  in  the  same  direction  and  one 
ass  troubled  with  his  feet  or  any  other  thing  happens,  the 
other  must  stay  until  the  other  trouble  is  bettered,  except 
when  the  animal  is  dead. 

1  3.  When  driving  on  a  narrow  road,  where  two  cannot 
ride  together,  the  unloaded  party  must  go  back  and  let  the 


LAW  OF  HIRER  137 

loaded  one  go  first.  If  one  party  is  on  horseback  and  one  is 
loaded,  the  horseback  rider  goes  back.  If  the  two  parties 
are  loaded,  the  one  going  the  nearer  distance,  must  go  back 
and  let  the  other  pass.     This  same  rule  applies  to  sheep. 

14.  If  a  company  rests  in  the  wilderness  and  they  meet 
robbers,  the  compromise  made  with  the  robbers  should  be 
decided  according  to  each  party's  worth  of  money,  and  not 
by  the  body. 

15.  If  a  guide  is  hired  by  a  company  for  about  $1000, 
— $500  must  be  contributed  by  each  of  the  body,  equally 
and  the  other  $500,  from  the  members  of  the  company  in 
proportion  to  their  wealth. 

1 5a.  If  a  company  going  in  the  wilderness  and  the  rob- 
bers only  rob  half  of  the  company,  the  other  half  of  the 
company  must  contribute  in  proportion  to  their  wealth. 

1 6.  Several  individuals  may  make  an  agreement  to  insure 
the  loss  of  anything,  belonging  to  said  individuals  but  the 
replaced  article  should  only  be  given  to  that  person  provided 
it  was  an  accident.  We  can  only  replace  the  loss  of  the 
article  by  another  of  its  kind,  but  not  cash  money,  for  if 
you  own  a  horse  and  we  replace  a  horse,  more  care  can 
be  taken  by  you. 

1  7.  When  two  people  carrying  loads  by  ship,  one  having 
iron  and  one  silver  and  the  ship  starts  to  sink,  the  captain 
may  ask  them  to  cast  part  of  their  loads  into  the  water. 
You  must  reckon  by  the  weight,  not  by  the  worth.  The 
man  owning  the  silver  has  the  privilege  of  compelling  the 
man  owning  the  iron  to  substitute  his  share  and  then  pay 
him  for  the  iron. 

1 8.  When  one  carries  a  barrel  of  wine  and  the  other 
carries  a  barrel  of  honey  and  the  honey  barrel  breaks,  and 


138  JEWISH     CODE     OF    JURISPRUDENCE 

there  is  no  other  barrel,  the  man  carrying  the  honey  has  the 
privilege  of  compelling  the  other  man  to  spill  the  wine  out 
and  use  the  barrel  for  his  honey,  but  he  must  pay  for  the 
wme. 

CHAPTER  CCCVII. 

(a)  If  a  man  do  deliver  unto  his  neighbour  money  or 
vessels  to  keep,  and  it  be  stolen  out  of  the  man's  house:  if 
the  thief  be  found  he  shall  pay  double.     (Exodus,  xxii.) 

(b)  If  a  man  deliver  unto  his  neighbour  an  ass,  or  an 
ox,  or  a  lamb  or  any  beast,  to  keep,  and  it  die,  or  be  hurt, 
or  driven  away,  no  man  seeing  it: 

(c)  Then  shall  an  oath  of  the  Lord  be  between  them 
both,  that  he  have  not  stretched  out  his  hand  against  his 
neighbour's  goods;  and  the  owner  of  it  shall  accept  this, 
and  he  shall  not  make  it  good. 

(d)  But  if  it  be  stolen  from  him,  he  shall  make  restitu- 
tion unto  the  owner  thereof. 

(e)  If  it  be  torn  in  pieces,  then  let  him  bring  it  as 
evidence ;  that  which  was  torn  he  shall  not  make  good. 

(f)  And  if  a  man  borrow  aught  of  his  neighbour,  and  it 
be  hurt,  or  die,  the  owner  thereof  not  being  with  it,  shall 
surely  make  it  good. 

(g)  But  if  the  owner  thereof  be  with  it,  he  shall  not 
make  it  good;  if  it  be  a  hired  thing,  the  loss  is  included  in 
its  hire.     (Exodus,  xxii.) 

There  are  four  different  kinds  of  watchmen  and  a  dif- 
ference in  the  law. 


LAW  OF  HIRER  139 

1.  Tlie  watchman  for  nothing  is  only  responsible  for 
gross  negligence  otherwise  he  must  swear  and  is  not  guilty. 

2.  A  paid  watchman  must  pay  for  neglect,  theft  and 
loss,  but  not  guilty  for  accident.  He  must  thereby  take  an 
oath. 

3.  This  rule  holds  good  for  the  hirer.     Per  paragraph  B. 
4a.  A  borrower  is  responsible  for  negligence,  theft,  loss 

and  accident. 

(b)  The  above  could  not  be  found  guilty  unless  they 
make  some  (Kinion)  or  ceremony  of  agreement. 

(c)  Hiis  law  applies  to  both  man  and  woman,  when 
he  or  she  is  the  keeper. 

(d)  By  the  return,  it  is  not  necessary  to  return  to  the 
individual  himself,  but  can  also  be  given  to  any  member 
of  the  family. 

(e)  The  Law  of  the  Hirer:   Liable  and  not  Liable. 

5.  When  he  hires  an  animal  or  dish  from  his  comrade, 
he  is  liable  for  theft  or  loss,  and  is  not  liable  for  accident. 

5.  (b)  B  hires  a  house  from  C  and  put  into  it  heavy 
weights  that  caused  the  beams  of  the  floors  to  crack.  He 
was  notified,  to  remove  it,  but  he  refused  to  do  so.  This 
caused  considerable  damage  both  to  the  owner  and  the 
tenant.     B  is  liable  for  all  the  damage. 

6.  When  one  borrows  or  hires,  he  is  not  privileged  to 
lend  it  to  another  without  the  owner's  permission.  He  is 
responsible  for  any  damage  that  may  occur. 

7.  A  hired  a  cow  from  C.  A  then  loaned  it  to  another 
party  D  in  whose  care  the  cow  died.     C  knows  that  the 


140  JEWISH     CODE    OF    JURISPRUDENCE 

COW  died  naturally.  D  must  pay  according  to  paragraph  6. 
The  money  belongs  to  C,  because  A  had  no  right  to  do 
business  with  another's  cow. 

8.  If  C  permitted  A  to  loan  the  cow  to  D,  the  money 
belongs  to  A. 

9.  A  hired  a  cow  from  D.  The  cow  became  sick,  after 
a  few  days  the  cow  became  well.  D  is  not  liable  for  the 
cow's  rest. 

10.  When  one  hires  a  cow  the  hirer  is  not  allowed  to 
give  a  cow  that  has  already  worked  during  the  night,  be- 
cause the  cow  will  not  be  fit  for  work,  and  then  again,  we 
must  be  kind  to  dumb  animals. 

CHAPTER  CCCVIII. 

The  Law  of  Hiring  an  Animal  to  drive  with  regard  to 
Load. 

1 .  When  one  agrees  to  drive  a  man,  he  does  not  have 
to  drive  a  woman,  since  a  woman  is  considered  to  be  heavier 
than  a  man. 

2.  If  the  driver  agrees  to  drive  a  woman  it  does  not 
matter  of  what  weight  she  may  be,  either  pregnant  or  with 
child. 

3.  When  one  hires  a  horse  to  put  200  lbs.  of  wheat 
on  a  horse,  but  instead  puts  200  lbs.  of  barley  or:  if  he 
hired  the  horse  for  fruit,  but  put  on  straw.  The  horse  dies, 
therefore,  the  borrower  is  liable,  since  he  did  not  obey  the 
orders. 

4.  If  he  hired  the  horse  for  barley  and  instead  put  wheat. 


LAW  OF  HIRER  14^ 

then  he  Is  not  guilty  if  the  horse  dies,  because  the  wheat  is 
a  much  Hghter  weight  than  barley. 

5.  The  above  rule  only  holds  good  when  the  proprietor 
or  his  aid  is  with  the  hirer,  but  when  he  is  not  present,  the 
hirer  is  not  privileged  to  change  even  from  heavy  weight 
to  lighter  weight. 

6.  If  one  hires  a  horse  to  carry  200  lbs.  and  puts  on  it 
206  2/3  lbs.  and  the  horse  dies,  he  is  liable— but  if  he 
puts  only  206  lbs.  on  the  horse,  and  the  horse  dies,  he  is 
not  liable  for  it,  but  must  only  pay  for  the  added  six  pounds. 

7.  If  the  amount  of  weight  has  not  been  agreed  upon 
then  the  hirer  should  use  discretion,  or,  according  to  the 
custom  of  the  city,  as,  for  instance,  if  the  custom  is  30 
bushels  and  he  put  on  31  bushels  and  the  horse  dies  or 
is  damaged,  the  hirer  is  liable. 

8.  If  a  man  hires  a  shoulder-carrier  to  carry  some  weight 
and  gave  him  1 /8  of  a  bushel  more  to  carry,  and  if  the 
carrier's  health  is  thereby  affected,  the  employer  is  liable. 

CHAPTER  CCCIX. 

The  Law  of  Hiring  an  Animal  to  go  to  one  place,  and 
went  to  Another. 

1 .  When  a  man  hires  a  horse  to  go  on  the  mountains,  but 
instead  goes  with  it  in  the  valley.  If  the  horse  slipped, 
then  the  borrower  is  not  guilty,  but  if  the  horse  became 
heated  up,  then  he  is  liable  for  damage. 

2.  If  the  act  was  reversed,  the  horse  was  hired  to  go  to 
the  valley,  but  he  went  to  the  mountain,  if  the  horse  slipped 
he  is  guilty,  and  if  he  became  heated  he  is  not  liable,  be- 
cause it  is  apparent  that  a  horse  is  liable  to  slip  on  a  moun- 


142  JEWISH     CODE    OF    JURISPRUDENCE 

tain  more  than  in  a  valley,  and  he  is  more  liable  to  become 
heated  in  the  valley  more  than  on  the  mountain. 

3.  When  a  horse  is  hired  to  go  to  a  stated  place,  and 
the  man  takes  him  to  a  different  place,  and  the  climate 
affects  the  horse  the  borrower  is  liable  for  damages. 

4.  A  hires  a  horse  to  go  a  certain  place  in  two  days  and 
he  returns  in  that  same  day  and  the  horse  died  the  hirer  is 
liable. 

5.  If  a  man  hires  a  horse  to  carry  a  certain  load  and  the 
horse  sprains  his  leg  in  the  way.  The  hirer  still  loaded 
the  horse  with  heavy  weights,  he  will  therefore,  be  liable 
for  all  damages.  The  exception  is  only  in  the  case  of  his 
being  in  haste  and  could  not  hire  another  horse — in  that 
case  he  is  not  liable. 

6.  A  hires  an  ox  to  dig  on  the  mountain,  but  instead 
went  to  work  in  the  valley;   the  iron  scrape  broke  in  the 
work.     The  hirer  is  thereby  not  guilty ;  his  aids  are  liable, 
liable. 

7.  If,  however,  the  man  agreed  to  dig  in  the  valley,  and 
instead  dug  in  the  mountain  and  the  scrape  was  broken,  the 
hirer  is  thereby  guilty. 

8.  If  A  hires  an  ox  to  thresh  peas,  but  threshed  wheat 
instead  and  the  ox  slipped,  the  hirer  is  not  liable. 

9.  Vice  versa,  if  he  agreed  to  thresh  wheat  and 
threshed  peas  instead  and  then  if  the  ox  slips,  the  hirer 
is  guilty. 

CHAPTER  CCCX. 
The   Law  of   Hiring  an  Ass  which  becomes   Blind  or 
Dies. 


LAW  OF  HIRING  A   SHIP  I43 

1 .  A  hires  an  ass  which  became  crazy  and  unfit  for  work. 
If  he  hired  her  for  carrying  loads  only,  then  the  owner  is 
not  guilty,  because  a  mule  could  carry  loads  even  if  it  is 
crazy. 

2.  If  he  hired  it  for  riding  or  for  carrying  glass,  the 
owner  must  give  him  another  ass  and  dam.  The  hirer 
must  pay  him  for  the  whole  way. 

3.  The  same  law  holds  good,  when  the  mule  is  taken 
away  by  the  government  to  serve  in  the  army.  The  owner 
is  not  responsible. 

4.  When  the  ass  is  sick  or  dies,  and  is  not  fit  for  work, 
and  if  the  owner  did  not  specify  this  ass,  he  must  therefore 
provide  him  with  another. 

5.  The  hirer  has  the  privilege  to  sell  the  body  of  the 
ass,  and  to  hire  another  ass,  for  the  amount,  if  the  owner 
refuses  to  give  him  another. 

6.  When  the  owner  specifies  "this  ass"  I  hire  you,  and  if 
she  dies  in  the  way,  he  can  also  sell  the  body  and  hire  an- 
other mule;  and  if  he  has  not  enough  money  to  hire  or  to 
buy  another  mule  he  is  only  liable  to  get  pay  for  half  of  the 
way  if  he  can  sell  his  goods  under  the  way. 

7.  When  he  has  to  pay  for  only  half  way,  either  he  can 
sell  or  hire  another  ass,  if  he  cannot  sell  his  goods,  the  owner 
is  entitled  to  nothing. 

8.  A  hired  a  mule  to  C  for  two  days'  journey  in  a  certain 
place.  When  he  was  prepared  to  return  home  a  flood 
drained  the  country,  and  he  was  therefore,  detained  several 
days.     C  is  responsible  for  the  days  that  he  was  detained. 

9.  If  a  man  hires  an  animal  to  go  to  a  certain  place 


144  JEWISH     CODE    OF    JURISPRUDENCE 

and  when  he  was  ready  to  return,  a  flood  drained  the  coun- 
try; if  the  flood  came  accidently  the  hirer  is  then  not  hable. 
And  if  the  river  naturally  is  open  to  floods,  and  both  the 
hirer  and  the  owner  know  of  the  natural  tendency  of  the 
river,  then  the  hirer  is  not  responsible  for  the  detained  few 
days. 

1 0.   When  the  hirer  knows  of  the  nature  of  the  river,  and 
the  owner  does  not,  then  the  hirer  is  liable  for  overtime. 
I  1 .   The  feed  and  the  salary  are  one  law. 

CHAPTER  CCCXI. 

The  Hiring  of  a  Ship  to  one  certain  place,  and  the  act 
of  reloading  in  the  middle  of  the  way;  or,  the  loss  of  the 
cargo  through  sinking. 

1 .  When  the  hirer  loads  one-third  of  the  agreed  weight 
on  a  cargo;  and  the  cargo  sinks  through  overload,  he  is 
liable  for  damage. 

2.  A  hires  a  ship  to  carry  a  cargo  of  wine.  The  ship 
sunk  together  with  the  wine.  Even  if  the  hirer  has  taken 
the  rent  of  the  freight  ship,  he  is  compelled  to  return 
it  to  the  hirer,  because  the  hirer  could  fulfill  his  agreement 
by  replacing  any  sort  of  wine,  while  the  other  cannot,  since 
the  ship  has  sunk,  and  then  again  he  specified  the  ship. 

3.  If  the  case  is  reversed  and  the  hirer  says  that  I  rent 
you  a  ship  to  carry  that  wine,  and  if  the  cargo  sinks  the 
hirer  is  compelled  to  refund  all  the  rent  for  the  whole 
way,  less  a  few  cents. 

4.  If  they  both  specified  that  cargo  and  that  wine, 
then  both  cannot  fulfill  their  agreements.  If,  however, 
the  rent  has  already  been  paid,   the  borrower  could  not 


LAW    OF   LEASES   AND   HOUSES  145 

collect  again,  and  if  on  the  contrary,  the  rent  has  not  been 
given  he  is  not  liable  for  it. 

5.  When  both  do  not  specify  what  ship  and  what 
wine,  then  if  the  ship  has  sunk,  the  hirer  is  responsible  only 
for  one-half  of  the  amount. 

6.  If  the  owner  wishes  to  replace  another  cargo,  and  the 
hirer  refuses  to  replace  other  wine,  then  he  is  liable  for  the 
whole  way. 

7.  A  hires  a  cargo  to  go  to  a  certain  place,  and  in  the 
middle  of  the  way  he  sold  the  goods.  He  must  therefore, 
pay  for  the  whole  way,  but  has  the  privilege  to  put  some  one 
else  in  his  place,  for  the  balance  of  the  way.  The  hirer 
must  refund  to  the  owner  a' small  amount  for  any  damage 
done  to  the  cargo  in  the  act  of  reloadmg  and  unloading. 

8.  If  the  hirer  sold  the  goods  to  some  one  else,  and  the 
man  has  arranged  to  send  the  goods  to  the  same  place,  there- 
fore, the  first  one  will  have  to  pay  for  the  first  half  of  the 
way,  and  the  other  must  pay  for  the  second  half  of  the  way. 
The  owner  can  have  only  a  blame  of  honor  of  the  hirer. 

CHAPTER  CCCXII. 

The  Law  of  Leasing  a  House  for  a  specified  time,  or  for 
any  length  of  time. 

1 .  When  one  leases  a  house,  stable  or  lot  for  a  certain 
time,  the  proprietor  cannot  remove  the  leaser,  before  the  time 
expires.  Even  if  it  becomes  necessary  for  the  proprietor  to 
have  the  leased  house  for  himself  or  if  the  house  has  been 
sold  to  another,  he  can  on  no  conditions  force  the  leaser  to 
vacate  until  his  term  expires. 

2.  During  the  term  of  the  lease,   the  proprietor  is  not 


146  JEWISH     CODE    OF    JURISPRUDENCE 

privileged  to   repair  or  rebuild   the  property,   without   the 
leaser's  permission. 

3.  If  the  term  for  lease  was  not  specified,  the  proprietor 
can  dispossess  the  leaser  within  30  days  notice,  that  is, 
in  a  small  population,  and  in  the  summer.  Whereas,  in  the 
winter,  the  leaser  is  privileged  to  stay  the  whole  season, 
since  it  is  hard  to  obtain  shelter  in  the  cold  season. 

4.  The  proprietor  must  give  the  leaser  12  months 
notice,  if  the  leasee  has  a  store,  and  if  the  population  is  large. 

5.  The  leaser  must  also  give  the  proprietor  30  days  notice 
in  a  small  population,  and  1  2  months  notice  in  a  store  or 
large  population.  If  he  does  not  do  so  he  must  suppl)^ 
another  tenant  in  his  place,  and  if  he  does  not  do  this,  he 
must  pay  for  the  rent  accrued  on  premises. 

6.  If  the  leaser  pays  in  advance,  he  can  occupy  the  prem- 
ises until  the  money  has  reached  the  term  of  expiration. 

7.  If  the  proprietor  did  not  give  notice  to  the  leaser  to 
vacate  from  his  premises,  the  landlord  can  demand  any 
highering  of  the  rent,  and  if  the  tenant  refuses  to  do  so,  he 
may  dispossess  him  from  the  premises. 

8.  If  the  case  is  reversed;  and  the  tenant  did  not  give 
notice  to  the  proprietor  of  his  intentions,  and  the  rental  in- 
come has  decreased,  the  leaser  could  either  pay  at  the  same 
price  as  is  now,  or  move  out  of  the  property.  The  proprietor 
can  only  increase  the  rent,  before  the  time  has  expired,  but 
as  soon  as  the  new  term  has  commenced  and  he  did  not 
yet  inform  the  tenant,  he  is  not  allowed  to  raise  the  rent. 
The  same  law  applies  to  the  leaser. 

9.  If  the  property  is  leased  for  a  specified  length  of  time, 
even  if  the  term  expires  in  the  middle  of  winter,  the  propria- 


LAW    OF   RESTRICTING   PROPERTY  I47 

tor  need  not  give  him  notice,  but  can  dispossess  him  if  he 
wishes. 

10.  If  the  property  has  been  leased  at  a  Specified  length 
of  time,  and  the  rental  income  has  either  increased  or  de- 
creased, there  could  be  no  change  made  before  the  term 
has  expired. 

1  1 .  A  mortgaged  a  house  to  B  on  condition  that  he  pay 
a  certain  amount  of  money  each  year.  A  sells  the  house  to 
D.  p  could  not  dispossess  the  mortgagee  B,  before  the 
year  is  up. 

12.  A  leased  a  house  to  B,  at  the  same  time  being  B's 
friend.  Later  he  became  A's  enemy.  A  could  not  dis- 
possess B  for  that  reason. 

13.  If  one  is  a  yearly  tenant  then  the  leap  year  month 
belongs  to  him.  He  need  not  pay  rent  for  that  month.  On 
the  other  hand,  if  he  is  a  monthly  tenant,  that  is,  paying  his 
rent  in  monthly  installments,  then  the  leap  year  month  be- 
longs to  the  proprietor. 

14.  A  rented  a  house  to  B,  which  became  destroyed 
while  in  his  keeping.  If  the  proprietor  stated  "this"  house, 
then  the  proprietor  is  not  compelled  to  rebuild  the  destroyed 
premises.  Even  if  the  proprietor  has  rebuilded  the  house, 
he  will  not  be  compelled  to  give  the  tenant  the  premises,  but 
the  tenant  must  pay  only  for  the  time  he  had  occupied  the 
premises,  up  to  the  time  the  disaster  occurred.  If,  however, 
the  rent  has  been  paid  in  advance,  the  proprietor  is  compelled 
to  return  the  money. 

15.  If  the  tenant  is  willing  to  rebuild  the  property  at  his 
own  expense,  the  proprietor  can  be  against  it. 

16.  If  the  house  has  not  been  completely  destroyed,  but 


148  JEWISH     CODE    OF    JURISPRUDENCE 

only  needs  repair  the  proprietor  must  repair  it,   if  he  re- 
ceived the  rent  in  advance. 

1  7.  If,  however,  the  proprietor  merely  stated  that  he  is 
renting  a  house,  and  the  house  has  fallen  in,  the  proprietor 
is  compelled  to  build  another  house,  even  a  little  smaller. 
If  the  proprietor  indicated  the  appearance  of  the  house,  he 
could  not  alter  dimensions.  This  law  applies  also  to  damage 
by  fire. 

CHAPTER  CCCXIV. 

The  Law  of  REPAIRING:  Which  belongs  to  the 
Proprietor  and  which  the  Leaser. 

1 .  The  proprietor  must  repair  all  outside  repairs  such  as. 
a  roof,  ceiling,  walls,  etc. 

2.  The  leaser  must  repair  locks,  stepladders,  painting, 
gas  repairing,  and  everything  that  is  required  of  him  by  the 
Building  Department,  and  anything  that  is  a  custom  in  the 
locality. 

CHAPTER  CCCXV. 
The  Law  of  RESTRICTING  PROPERTY. 

1 .  There  is  no  claim  for  over-estimated  value  on  property. 

2.  The  proprietor  has  the  authority  to  restrict  any  ar- 
rangements that  does  not  meet  with  his  approval,  such  as 
not  allowing  too  many  inhabitants  to  live  in  one  house,  or 
restricting  illegitimate  business,  etc. 

3.  If  there  is  any  doubt  as  to  the  matter  of  renting  prop- 
erty, the  tenant  must  bring  evidence  to  prove  the  matter, 
as   for  instance:     The  tenant  says  that   the  landlord  per- 


LAW  OF  HIRING  LABORERS  149 

mitted  him  to  keep  several  boarders  in  the  property.  The 
tenant  must  therefore,  bring  evidence  for  this,  and  if  he 
can't,  the  proprietor  must  merely  swear  that  he  said  nothing 
of  the  kmd.     His  oath  is  taken. 

4.  A  hired  a  boy  for  a  servant.  B  said  that  he  vv^ould 
be  responsible  for  any  damage  that  the  servant  may  do. 
Even  if  there  was  no  ceremony  of  agreement  made,  B  is 
responsible  for  the  servant's  damage. 

CHAPTER  CCCXVI. 

The  Law  of  a  Leaser  who  wishes  to  lease  the  property 
to  another  in  the  middle  of  the  term. 

1 .  The  leaser  is  allowed  to  sub-lease  in  the  middle  of 
the  term,  to  a  family  similar  to  his  own  in  number. 

2.  Hie  proprietor  can  release  the  tenant  from  the  lease, 
if  the  tenant  has  rented  it  to  a  different  party. 

3.  If  the  tenant  wishes  to  move  out  of  the  property  and 
wishes  to  pay  the  rent  as  before,  the  proprietor  is  allowed 
to  rent  the  proprety  to  another  party,  since  it  is  not  good 
for  a  house  to  be  empty. 

4.  Two  families  rented  a  house  in  partnership  for  a  cer- 
tain time.  After  living  there  a  considerable  time  one  of  the 
partners  wishes  to  move  and  put  another  family  equal  to 
his  own,  in  his  place.  The  other  partner  can  object  to  this, 
because  he  can  claim  that  he  is  only  acquainted  with  him. 

CHAPTER  CCCXVIL 

L  If  there  is  a  doubt  between  the  proprietor  and  the  ten- 
ant about  the  rent;  in  places  where  the  rent  is  paid  after  the 


150  JEWISH     CODF,    OF    JURISPRUDENCE 

month  not  in  advance  and  there  is  a  doubt  of  its  being 
paid  in  the  middle  of  the  month,  the  proprietor  is  beheved, 
but  the  tenant  can  bring  evidence  to  prove.  And  at  the 
end  of  the  month,  the  tenant  is  beheved,  but  the  proprietor 
can  bring  evidence  to  prove  the  contrary. 

2.   The  same  law  applies  to  the  yearly  rental. 

CHAPTER  CCCXVIII. 

1 .  A  hired  a  mill  from  B  who  promised  to  grind  20 
bushels  of  flour  for  him  to  pay  for  his  rent.  B  later  con- 
sidered that  he  would  rather  have  cash  for  the  rent.  If  A 
has  sufficient  amount  of  work,  he  must  pay  B  cash.  But  if 
he  has  not  B  cannot  compel  him  to. 

CHAPTER  CCCXIX. 

1 .  When  one  takes  in  products,  in  a  property  without  the 
consent  of  the  proprietor,  the  proprietor  is  allowed  to  sell 
as  much  as  he  can,  and  can  hire  people  to  remove  it  from 
his  premises,  only  when  he  informs  the  party  to  take  it 
away  and  it  is  refused. 

CHAPTER  CCCXXXI. 

LAW  OF  HIRING  A  LABORER. 

] .  If  an  employer  hires  a  laborer  to  work  for  a  certain 
amount  per  day  and  after  the  laborer  has  started  to  work, 
the  employer  tells  the  laborer  that  he  must  work  for  an  hour 
or  two  later  than  the  regular  working  hours,  because  he 
claims  said  amount  is  in  excess  of  ordinary  wages,  the  laborer 
is  not  required  to  work  later  than  the  regular  hours  claiming 
excessive  amount  was  due  for  better  work,  unless  expressly 
stipulated  before  the  work  was  begun. 


LAW  OF   HIRING  LABORERS  15 1 

2.  If  a  workman  asks  for  board  or  refreshments  from  his 
employer,  the  latter  must  provide  him  with  it  if  it  is  a  custom 
to  do  so  m  that  locality. 

CHAPTER  CCCXXXII. 

1.  If  an  agent  is  instructed  to  hire  laborers  for  a  man  for 
a  certain  amount  $3.00  per  day  and  agent  hires  laborers 
for  $4.00  per  day  and  guarantees  that  he  is  responsible  for 
payment,  the  agent  must  make  good  the  surplus  $1 .00. 

2.  If  the  agent  has  told  the  laborers  that  the  employer 
would  be  responsible  for  the  wages  (in  the  above  case), 
the  employer  is  responsible  only  for  the  market  price  of 
laborer.  If,  however,  there  are  two  rates  of  wages,  employer 
may  pay  the  smaller,  unless  the  laborers  prove  they  have 
performed  better  work  as  a  result  of  the  higher  price. 

3.  If  an  agent  is  instructed  to  hire  laborers  for  $4.00,  and 
he  hires  them  for  $3.00,  employer  pays  the  lower  rate, 
whether  or  not  agent  has  assumed  responsibilty  for  payment. 

4.  If  an  agent  is  instructed  to  hire  laborers  for  $3.00,  and 
he  hires  them  for  $4.00  and  the  laborers  refuse  $4.00  and 
say  they  will  rely  on  employer's  price  (which  they  do  not 
know  definitely)  they  receive  wages  which  are  deemed  fit 
by  appraisers  (but  not  more  than  $4.00).  If  agent  has 
assumed  responsibility,  $4.00  must  be  paid. 

5.  If  an  agent  is  instructed  to  hire  laborers  for  $4.00  a 
day  and  the  agent  has  hired  them  for  $3.00,  and  laborers  say 
they  will  rely  on  price  given  by  employer,  they  are  paid 
$3.00.  But,  if  they  have  already  received  the  $4.00,  the 
surplus  dollar  may  not  be  taken  from  them. 

6.  If  employer  hires  laborers  to  work  at  the  same  price 


152  JEWISH     CODE    OF    JURISPRUDENCE 

which  he  says  he  has  paid  other  laborers,  and  the  laborers 
ascertain  that  price  paid  to  them  is  less  than  paid  to  the 
others,  they  must  be  paid  the  difference. 

7.  If  employer  hires  laborers  at  alleged  market  rate  of 
wages  and  laborers  ascertain  that  market  rates  are  higher, 
employer  must  pay  lowest  market  rates. 

8.  If,  conversely,  laborers  obtain  work  from  employers 
and  demand  wages  which  are  later  found  to  be  higher  than 
the  market  rate,  they  must  refund  the  difference. 

9.  If  employer  hires  laborer  and  promises  to  pay  (after 
laborer  has  started  to  work)  in  commodities,  employer  may 
change  his  mind  and  pay  in  cash,  unless  a  Kinion  (ceremony 
of  agreement)  has  been  made. 

1 0.  If  an  employer  has  hired  laborers  for  a  certain  amount 
and  the  rate  of  wages  has  subsequently  fallen,  and  laborers 
perceive  that  he  is  disturbed  thereover,  he  may  not  reduce 
the  wages,  but  the  laborers  may  offer  to  perform  more 
efficient  work  for  the  same  amount. 

I  1 .  Conversely,  if  the  rate  of  wages  has  subsequently 
risen,  and  the  laborers  are  discontented  with  the  original 
pay,  the  employer  is  not  obliged  to  raise  their  wages,  but 
may  make  up  the  difference  in  the  two  rates  of  wages  by 
better  board. 

12.  If  a  man  hires  another  man  for  work  that  is  worth 
$5.00  and  pays  him  only  $4.00  and  then  later  the  rate  of 
wages  has  subsequently  fallen  to  $4.00  and  the  employer 
says  to  the  employe  I  hired  you  for  $1 .00  less  and  now  I  will 
pay  you  $3.00,  he  cannot  do  so,  he  must  pay  him  $4.00. 

13.  If  a  man  hires  another  man  for  $5.00  and  his  work 
is  only  worth  $4.00  and  then  the  rate  of  wages  has  sub- 


LAW  OF  HIRING  LABORERS  153 

sequently  raised  to  $5.00  and  the  employe  says  you  hired 
me  for  $1.00  more  you  must  pay  me  $6.00  the  employer 
must  pay  him  only  $5.00. 

CHAPTER  CCCXXXIII. 

The  Law  of  Hiring  a  Laborer  Who  Backs  Out  Before 
He  Starts  to  Work  or  After  He  Starts  to  Work. 

1 .  If  you  hire  a  laborer  and  he  backs  out  or  you  back 
out  there  are  no  money  claims  but  honor  claims.  If  the 
employe  says  or  proves  that  he  could  have  had  another  job 
but  he  cannot  get  it  now  the  employer  must  pay  him  for  his 
job,  or  if  the  employe  proves  that  he  can  get  a  job  now  for 
less  than  he  was  to  pay  him  the  employer  must  pay  the 
difference. 

2.  If  a  man  hires  a  laborer  and  takes  his  tools  from  him 
and  he  is  a  job  worker,  neither  of  them  can  back  out.  If 
he  is  a  day  laborer  the  laborer  can  back  out.  The  laborer 
cannot  back  out  by  demanding  more  money. 

3.  If  you  send  an  expressman  for  wheat  or  corn  on  the 
field,  and  he  cannot  take  it  because  it  is  wet,  or  if  you  send 
a  man  to  water  the  field,  and  he  sees  that  the  field  is  full  of 
water  from  rain,  if  the  employer  has  seen  the  field  the  night 
before  he  must  not  pay  for  it,  but  if  he  has  not  seen  the 
field  the  night  before  he  must  pay  for  it,  only  little  less  by  a 
part  of  the  wages. 

4.  A  day  laborer  can  back  out  in  the  middle  of  the  day. 
Even  if  the  laborer  is  paid  in  advance  he  can  stop  in  the 
middle  of  the  day  if  it  does  not  spoil  the  work,  even  if  he  has 
not  the  money  to  pay  back  to  the  employer  for  the  time  that 
he  has  not  worked. 


154  JEWISH     CODE    OF    JURISPRUDENCE 

5.  If  a  day  laborer  backs  out  In  the  miJdle  of  the  work 
he  must  be  paid  for  the  work  he  does,  even  if  the 
work  is  raised  or  lowered  he  is  entitled  to  receive  the  amount 
the  employer  hired  him  for. 

6.  If  the  work  is  spoiled  the  day  laborer  cannot  back  out 
if  he  cannot  find  any  one  else  to  finish  the  work,  except  if 
he  has  a  good  reason  for  so  doing;  as  for  instance,  sickness 
or  death  in  the  family  or  he  is  sick  himself,  and  in  that  case 
he  must  be  paid  for  the  work  he  did. 

7.  If  a  laborer  is  hired  for  a  day  and  he  backs  out  and 
the  work  is  spoiled,  the  employer  has  the  right  to  hire  any 
one  else  to  finish  the  work  even  for  ten  times  the  amount 
he  pays  the  laborer  and  the  laborer  must  pay  this  amount, 
otherwise  the  employer  may  retain  the  laborer's  tools  to 
satisfy  the  amount,  or  if  the  laborer  does  not  want  to  finish 
the  work  the  employer  could  say  he  will  pay  him  $10.00 
instead  of  $4.00,  but  at  the  end  of  the  day  he  need  only 
pay  him  $4.00. 

8.  To  spoil  the  work  (see  6)  we  mean;  the  refusal  of  a 
hired  teacher  to  teach  servant ;  a  man  hired  to  bring  medicine 
to  a  sick  person  and  does  not  do  so ;  but  if  he  has  a  good 
reason  for  not  so  doing,  as  sickness,  death,  etc.,  he  must  be 
paid  for  the  work  he  does.  If  the  laborer  who  is  sick  re- 
turns in  a  few  days  and  the  employer  does  not  say  anything 
to  him  but  takes  him  back,  he  must  pay  the  laborer  for  the 
time  he  was  away. 

9.  A  job  worker  who  stops  in  the  middle  of  his  work, 
the  work  that  must  be  finished  is  appraised  and  he  will  get 
the  balance,  as  for  instance,  if  an  employer  hires  a  laborer 
to  do  work  for  $10.00,  and  the  finishing  work  cost  $8.00, 
he  only  can  receive  $2.00,  but  on  the  other  hand  if  the  finish- 


LAW  OF  HIRING  LABORERS  1 55 

ing  work  only  cost  $2.00,  he  can  receive  $3.00,  the  em- 
ployer receiving  the  rest. 

10.  If,  however,  the  employer  backs  out,  the  same  rule 
as  that  of  the  job  worker  applies.     (^9.) 

CHAPTER  CCCXXXIV. 

The  Hiring  of  a  Workman  to  Water  the  Field  and  The 
Hiring  of  a  Teacher  and  the  scholar  becomes  sick. 

1 .  If  a  man  hires  a  workman  to  water  the  field  from  his 
river  and  in  the  middle  of  the  day  the  river  becomes  dry 
and  the  workman  wants  to  be  paid  for  the  whole  day  and 
the  employer  said  he  only  worked  a  half  day,  if  the  laborer 
knows  that  the  river  becomes  dry  at  certain  times,  even  if 
the  employer  knows  this,  the  laborer  is  only  paid  for  the 
time  he  worked;  but  on  the  other  hand  if  the  laborer  doesn't 
know  and  the  employer  does,  he  must  pay  the  workman  for 
the  whole  day  less  a  few  cents,  but  if  the  river  is  usually 
not  dry  and  by  accident  it  becomes  dry  the  employer  need 
only  pay  for  half  a  day. 

2.  If  a  person  hires  a  house  to  live  in  and  the  whole  city 
is  destroyed  on  account  of  war,  fire  or  overflow,  the  person 
does  not  have  to  pay  for  the  time  he  didn't  occupy  the  house. 

3.  If  a  person  hires  a  house  to  live  in  and  dies  before  the 
expiration  of  the  term,  if  the  landlord  receives  the  rent  he 
is  not  required  to  return  the  money,  but  if  he  has  not  re- 
ceived the  rent,  he  cannot  demand  same. 

4.  If  a  person  leases  a  house  and  moves  in,  but  after 
living  there  for  some  time  he  finds  out  the  air  is  not  healthy 
for  him,  he  can  break  the  lease,  and  the  same  rule  applies 
too  if  a  person  sends  his  son  to  a  school  and  finds  out  the 


156  JEWISH     CODE    OF    JURISPRUDENCE 

air  does  not  agree  with  the  child,  the  teacher  only  gets  paid 
for  the  time  he  taught  the  boy. 

5.  If  a  man  is  hired  to  water  a  field  and  in  the  middle 
of  the  day  it  rains  and  it  is  not  necessary  to  water  the  field, 
the  employer  does  not  have  to  pay  for  the  other  half  a  day, 
because  ram  is  a  thing  that  often  occurs  and  the  laborer 
should  have  said  it  before. 

6.  If  the  field  is  watered  on  account  of  an  overflow  the 
laborer  must  be  paid  for  the  whole  day,  less  a  few  cents. 

7.  If  a  man  is  hired  to  dig  a  field  and  in  the  middle  of  the 
night  there  is  a  rain  and  he  cannot  dig,  if  the  laborer  has  not 
seen  the  field  he  must  be  paid,  but  if  he  has  seen  the  field, 
he  cannot  demand  any  money ;  that  is  for  work  if  he  is  hired 
only  for  digging,  but  if  he  is  hired  for  the  day  for  work,  the 
employer  can  give  him  some  other  work  to  do. 

8.  If  a  man  is  hired  to  work  on  the  field  on  a  commission 
basis  and  the  employer  makes  an  agreement  that  if  he  waters 
the  field  four  times  a  day  he  will  receive  50  per  cent,  of  the 
produce;  and  if  he  waters  only  twice  a  day  he  will  receive 
only  25  per  cent ;  if  there  is  a  rain  or  overflow  and  it  is  not 
necessary  to  water  the  field  he  is  entitled  to  50  per  cent,  of 
the  produce  because  he  is  like  a  partner,  for,  should  the 
produce  result  in  a  complete  failure,  the  worker  would  gain 
nothing  for  his  labor,  therefore  the  worker  is  entitled  to  the 
benefit  of  all  acts  of  God. 

9.  If  a  man  hires  a  teacher  for  his  son  and  the  son  be- 
comes sick  or  dies,  either  accidentally  or  otherwise,  and  the 
teacher  knows  the  condition  of  the  child,  he  is  only  entitled 
to  pay  for  the  time  consumed.  If  the  sickness  is  chronic  and 
the  teacher  does  not  know  the  nature  of  the  child,  he  gets 


LAW  OF  laborers'  FOOD  1 57 

paid  for  the  full  time ;  in  such  a  case,  however,  the  father  has 
a  right  to  send  another  boy  of  the  same  ability  to  take  the 
place  of  the  sick  or  deceased  boy. 

10.  If  a  man  sends  his  son  to  a  school,  and  on  account  of 
a  contagious  disease,  the  whole  school  is  closed,  the  man 
must  pay  the  teacher  for  the  whole  time  agreed  upon. 

CHAPTER  CCCXXXV. 

Hiring  a  Laborer  to  Work  or  to  do  a  Particular  Piece 
of  Work. 

1.  If  you  hire  a  laborer  for  certain  work  and  he  finishes 
the  work  in  the  middle  of  the  day,  if  the  employer  has  the 
same  or  lighter  work  to  do  he  may  give  it  to  the  laborer, 
but  if  he  hasn't  he  must  pay  the  laborer  for  the  whole  day. 
He  can  send  him  to  some  one  else  to  do  the  same  kind  of 
work,  or  the  employer  may  give  the  laborer  harder  work, 
but  must  pay  him  accordingly. 

2.  If  the  laborer  sees  the  work,  before  he  begins  it  and 
finishes  it  in  the  middle  of  the  day,  he  only  gets  paid  for 
half  a  day,  because  he  should  have  informed  the  employer 
that  the  work  would  not  require  a  whole  day. 

3.  If  the  employer  hires  a  man  for  work,  he  can  give 
him  any  kind  of  work. 

4.  If  a  man  hires  a  horse  for  8  days  for  a  journey  and 
afterwards  changes  his  mind,  he  may  keep  the  horse  in  town 
and  even  make  him  do  harder  work,  because  the  horse  is 
more  safe  at  home  than  away  from  it. 

5.  If  a  man  sends  an  expressman  for  goods,  and  the 
expressman  finds  that  there  are  no  goods  at  the  place  desig- 
nated,  and  he   returns  empty-handed,   the   employer  must 


1 5?  JEWISH     CODE    OF    JURISPRUDENCE 

pay  him  in  full,  less  a  few  cents  if  it  was  a  heavy  thing,  but 
if  it  was  not  a  heavy  thing  he  must  pay  him  in  full. 

6.  If  a  man  hired  an  expressman  to  bring  apples,  or 
medicine  for  a  sick  man,  and  when  he  returns  he  finds  the 
man  healthy  or  dead,  he  gets  paid,  in  full,  the  employer 
cannot  say  take  the  apples  or  medicine  for  your  services. 

CHAPTER  CCCXXXVI. 

Hiring  a  Man  to  Do  Work  in  Your  Field  and  Showing 
Him  Another  Field. 

1.  If  a  man  hires  a  workingman  to  do  work  in  another's 
field,  without  the  permission  of  the  owner,  the  former  must 
pay  the  laborer  the  full  price,  even  if  the  owner  of  the  field 
cannot  give  him  so  much. 

2.  When  he  hires  a  workman  in  the  presence  of  the 
boss  of  the  field,  the  boss  must  pay  the  full  price. 

3.  If  a  laborer  is  called  away  to  serve  in  the  army  his 
employer  must  pay  him  only  for  the  amount  of  labor  he  did. 

CHAPTER  CCCXXXVII. 

Laws  concerning  the  Food  of  Laborer  during  labor 
hours — Based  on  "Deuteronomy,  Chapter  xxiii.  Verse  25." 

"When  thou  comest  into  thy  neighbour's  vineyard,  thou 
mayest  eat  grapes  at  thy  own  pleasure,  till  thou  have 
enough ;  but  into  thy  bag  thou  shalt  not  put  any." 

I .  A  laborer  who  works  with  any  part  of  the  body  in 
produce  may  eat  thereof  during  labor  hours — even  if  he 
is  only  a  watchman — unless  the  employer  stipulated  before- 
hand that  he  shouldn't. 


LAW   OF  PAYING  WAGES  1 59 

EXCEPTIONS. 

2.  He  who  milks  a  cow,  or  prepares  cheese  and  butter 
must  not  partake  of  these  products. 

3.  The  workman  may  consume  more  food  than  his  whole 
pay  amounts  to — for  instance  he  is  paid  $2.00  a  day  he 
may  eat  up  $3.00  worth  of  goods.  But  if  he  does  so  it  will 
tend  to  his  own  harm — for  he  will  fall  into  disrepute  and 
no  one  will  employ  him  in  the  future. 

4.  When  one  watches  five  different  people  working  at 
produce,  he  must  eat  a.little  according  to  the  right  reckoning. 

5.  When  he  is  hired  to  take  up  only  one  piece  of  fruit,  he 
is  not  allowed  to  eat  it.  Even  if  he  is  hired  to  work  on  so 
many,  he  is  not  allowed  to  eat  the  first,  but  to  give  it  to  the 
employer. 

6.  When  he  is  hired  to  work  on  grapes  and  pears,  he 
is  only  allowed  to  eat  grapes  while  he  is  working  on  the 
grapes,  but  he  can  save  to  eat  until  he  starts  working  on  the 
pears. 

7.  He  can  only  eat  while  he  works,  but  he  cannot  stop 
from  the  work  and  sit  down  to  eat.  When  he  goes  from 
one  line  of  work  to  another,  then  he  is  allowed  to  eat  while 
walking, 

8.  He  cannot  eat  the  fruit  with  bread  or  salt,  except 
when  he  arranges  the  matter  before  with  the  employer. 

9.  If  a  workman  says,  "Give  my  part  to  my  wife  or 
children,"  or  that  he  will  take  his  portion  in  his  pocket,  he 
is  not  allowed  to  do  it. 

10.  When  the  man  arranges  with  the  employer  before 
that  he  will  not  eat  of  the  fruit,  this  is  permitted. 


l6o  JEWISH     CODE    OF    JURISPRUDENCE 

1  1 .  The  workman  can  arrange  for  not  eat  that,  his  wife 
and  the  grown  children  if  they  work  with  him,  will  not  eat 
of  the  fruit  but  not  in  case  of  small  children,  if  they  also 
work. 

12.  If  he  eats  at  the  time  which  he  is  not  allowed,  or  puts 
the  food  in  his  pocket,  or  gives  it  to  another  man,  he  is  guilty 
of  the  rules  of  the  Holy  Script. 

13.  The  workman  is  not  allowed  to  do  work  at  night 
and  then  hire  himself  for  the  day:  or,  he  is  not  allowed  to 
fast  before  he  comes  to  work,  because  the  work  cannot  be 
done  in  a  good  condition. 

1 4.  The  workman  must  consider  the  boss'  time  and-  not 
spend  it  for  nothing,  and  if  he  does  this,  he  will  be  blessed 
himself  with  riches  and  prosperity. 

CHAPTER  CCCXXXVIII. 

TTie  Torah  commands  us  to  be  humane  in  our  treatment 
of  animals:  "Thou  shalt  not  muzzle  the  ox  when  he 
thresheth  out  the  corn"  (Deuteronomy  xxv,  4).  The 
Talmud  explains  "ox"  as  referring  to  any  animal  whatsoever 
(and  "ox"  being  used  to  denote  any  domestic  animal)  that 
this  applies  to  it  when  it  does  aiiX)  kind  of  work. 

1 .  The  animal  may  cat  alone,  of  the  produce  at  which 
it  works  no  matter  with  what  part  of  the  body  it  works,  but 
the  driver  must  not  feed  it  with  his  hands. 

2.  It  is  not  allowed  to  work  with  an  animal  that  is 
muzzled,  whether  he  is  muzzled  before  or  after,  and  if  this 
is  done,  the  man  will  be  punished  and  will  have  to  pay  1  /2 
bushel  of  the  produce  a  day  for  a  cow  and  for  an  ass,  about 
1  /3  bushel  each  day. 


"*  LAW  OF  STEALING  l6l 

3.  When  a  Jewish  man  works  with  a  Gentile's  cow,  the 
same  law  prevails.  When  a  Gentile  hires  an  animal  from 
a  Jew,  the  Jew  is  not  punished,  if  the  animal  is  muzzled. 

4.  If  the  produce  sickens  the  cow,  it  is  allowed  to  be 
muzzled. 

5.  The  one  who  hires  the  animal  may  feed  it  enough  so 
that  it  shall  not  want  feed  when  it  works. 

THE  LAW  OF  PAYING  LABORERS'  WAGES. 

(A)  "Thou  shalt  not  withhold  anything  from  thy  neigh- 
bour, nor  rob  him:  There  shall  not  abide  with  thee  the 
wages  of  him  that  is  hired,  through  the  night  until  morning." 
(Leviticus  xix,  13.) 

(B)  "On  the  same  day  shalt  thou  give  him  his  wages, 
that  the  sun  may  not  go  down  upon  it;  (for  he  is  poor  and 
his  soul  longeih  for  it)  ;  so  that  he  may  not  cry  against  thee 
unto  the  Lord,  and  it  be  sin  in  thee."  (Deuteronomy 
XXV,  1  5.) 

The  Talmud  interprets  this  as  follows:  This  does  not 
mean  that  the  well-to-do  laborer  be  deprived  of  his  just 
wages,  but  that  in  case  of  employer's  inability  to  pay  the 
wages  of  all  his  men,  he  shall  give  preference  to  the  poorer 
ones.  That  is,  he  may  have  incurred  personal  risk  of  life 
while  earning  his  wages. 

1 .  It  is  a  commandment  of  the  Torah  that  the  laborer 
be  paid  his  wages  at  the  proper  time;  if  payment  is  delayed, 
a  transgression  is  committed.  This  applies  to  wages  of 
laborers  and  money  for  the  use  of  cattle  or  utensils.  In 
case  of  lease  of  land,  no  transgression  is  committed  upon 
failure  to  pay,  but  not  in  case  of  houses  that  have  been 
rented. 


l62  JEWISH     CODE    OF    JURISPRUDENCE 

2.  He  who  neglects  to  pay  his  laborers  on  time,  incurs 
the  punishment  of  five  negative  and  one  positive  command- 
ment. 

3.  He  who  hires  a  laborer  for  work  during  a  day  has 
time  to  pay  him  until  the  following  morning,  otherwise  he 
violates  "A." 

4.  He  who  hires  a  laborer  for  work  during  a  night  has 
time  to  pay  him  during  the  following  day  until  sunset,  other- 
wise he  violates  "B."  ' 

5.  If,  however,  the  laborer  is  hired  for  the  first  half  of 
the  day  the  employer  has  time  until  sun-down;  and  if  a 
laborer  is  hired  for  half  of  the  night,  until  morning. 

6.  The  same  rule  applies  when  laborers  are  hired  by  the 
houv. 

7.  If  a  laborer  is  hired  for  a  week  or  any  other  period  of 
time,  Rule  3  applies  for  payment  if  his  time  of  service  ends 
at  nightfall,  and  Rule  4  when  it  ends  in  the  morning. 

8.  If  a  laborer  is  hired  to  do  a  certain  job  (e.  g.,  a  tailor 
who  has  received  an  order  for  a  coat),  the  one  who  ordered 
the  job  is  not  liable  to  payment  until  the  article  is  delivered 
(if  delivered  at  noon,  until  nightfall,  etc.).  In  the  case  of 
jobs  which  do  not  require  delivery  (e.  g.,  painting  a  room), 
payment  shall  be  made  as  soon  after  completion  of  job  as 
provided  for  in  3  and  4. 

9.  If  laborers  are  hired  for  an  employer  through  an  agent, 
who  has  informed  them  that  employer  would  pay  their 
wages,  neither  the  employer  nor  the  agent  is  liable  to  full 
punishm.ent  if  the  time  for  payment  is  past,  but  to  a  minor 
punishment.  If,  however,  the  agent  has  not  informed  them 
that  they  would  be  paid  by  employer,  the  agent  is  liable 


LAW  OF  STEALING  163 

for  payment  and  punishment  (except  if  laborers  know  that 
they  are  to  work  for  another  man). 

10.  If  an  employer  informs  his  laborers  that  he  pays 
wages  on  a  certain  day  every  week,  he  is  not  liable  to  punish- 
ment if  he  delays  paying  a  laborer  who  has  worked  for  part 
of  the  week.  If,  however,  he  delays  beyond  that  pay-day, 
he  is  liable  to  punishment  as  in  3  and  4. 

I  1 .  An  employer  is  not  liable  to  punishment  if  the  em- 
ployee does  not  ask  for  his  wages,  when  the  employer  is 
unable  to  pay  upon  demand,  or  the  employer  has  referred 
the  employee  to  a  third  party  for  collection  (e.  g.,  to  the 
baker  or  butcher)  ;  but  the  employee  may  back  out  in  this 
last  instance,  except  if  the  third  party  is  standing  m  the 
presence  of  the  employer  and  employee,  the  employee  can- 
not back  out. 

CHAPTER  CCCXLVIII. 
"Thou  shalt  not  steal."     Commandment  VIII. 

1 .  It  is  forbidden  to  steal  even  a  trifle. 

2.  If  the  thief  is  not  caught  with  the  stolen  goods,  the 
amount  can  be  collected  from  his  removable  property  or 
from  valuable  land. 

3.  If  R  sees  B  steal  something  from  C,  and  then  he  gets 
the  stolen  article  into  his  own  possession,  it  is  his  duty  to 
return  it  to  C. 

4.  If  he  returns  it  to  the  thief,  B,  he  is  liable  for  it. 


164  JEWISH     CODE    OF    JURISPRUDENCE 

CHAPTER  CCCXLIX. 

1 .  Roth  a  man  and  a  woman  are  liable  for  stealing.  If, 
however,  the  woman  is  married  nothing  can  be  collected 
from  her  until  she's  divorced. 

2.  If  R's  wife  borrows  an  article  from  B's  wife  and  the 
article  is  stolen  or  lost,  and  R  confesses  that  he  had  the 
article  in  his  possession,  he  and  his  wife  have  to  swear  that 
they  no  longer  have  it,  and  the  judgment  will  be  in  the  wife's 
name  but  nothing  can  be  collected  from  her  till  she  is  di- 
vorced. 

3.  If  the  thief  is  a  minor,  both  the  stolen  article  and  the 
money  must  be  returned  to  the  owner.  If  they  are  both 
gone,  the  minor  is  not  liable  to  pay  even  when  he  becomes 
a  major. 

4.  The  court  has  the  right  to  punish  a  minor  in  proportion 
to  the  amount  of  punishment  he  can  endure. 

CHAPTER  CCCLII. 

1 .  If  a  man  entrusts  an  article  to  two  parties,  and  one 
of  the  two  confesses  that  he  has  it,  both  are  liable  to  return  it. 

CHAPTER  CCCLIII. 

1 .  If  the  stolen  article,  when  stolen  was  a  calf,  and  in 
his  possession  it  grew  up  and  got  the  name,  cow,  the  thief 
only  has  to  pay  the  amount  at  which  the  calf  was  valued. 

CHAPTER  CCCLIV. 

1.  If  the  cow,  while  in  the  thief's  possession  calved,  or 
the  lamb  grew  wool  which  he  had  shorn,  he  is  liable  to 
return  both  to  the  owner. 


LAW  OF  STEALING  165 

2.  If  the  owner  had  despaired  of  ever  finding  if.  the 
thief  is  only  hable  for  the  cow. 

3.  If  the  thief  had  fed  the  cow  well  and  it  had  improved 
or  it  improved  of  itself,  the  difference  in  value  belongs  to 
the  thief. 

4.  If  the  article  was  worth  $4.00  at  the  time  it  was  stolen, 
and  then  it  diminished  to  $2.00,  he  must  pay  the  original 
price  of  $4.00. 

5.  If,  however,  it  was  originally  $2.00  increased  to  $4.00, 
if  he  destroyed  it  himself  he  must  return  the  $4.00,  if  it  died 
or  was  lost  he  is  only  liable  to  pay  the  original  $2.00. 

6.  If  the  stolen  article  is  fragile  and  it  is  damaged  in  the 
thief's  possession,  and  the  thief  wants  to  return  the  broken 
article  and  make  up  the  difference  in  money,  he  can  only 
do  so  with  the  owner's  permission. 

CHAPTER  CCCLV. 

1.  If  the  thief  had  repented  and  returned  the  stolen 
article,  and  a  second  thief  steals  it:  If  the  owner  knew  of 
the  first  stealing  but  the  first  thief  did  not  notify  him  of  the 
return,  the  thief  is  liable.  If,  however,  the  owner  knew 
nothing  of  the  stealing  either,  the  thief  is  not  liable. 

2.  If  the  stolen  article  is  a  living  creature,  even  if  the 
owners  neither  knew  of  the  theft  nor  of  the  return  the  thief 
is  liable,  because  the  living  creature  has  grown  accustomed 
to  leave  its  home  and  might  go  astray.  Therefore  the 
owners  must  be  notified  of  its  return  that  they  might  take 
better  care  of  it. 

3.  If  the  article  had  been  given  to  a  man  in  trust,  and 
the  guardian  himself  steals  it,  then  he  repents  and  returns 


l66  JEWISH     CODE    OF    JURISPRUDENCE 

it  to  its  old  place  and  then  the  article  is  stolen  by  another; 
even  if  there  are  witnesses  testifying  that  he  returned  it,  the 
guardian  is  liable;  because  as  soon  as  he  stole  the  article  he 
immediately  lost  his  guardianship. 

CHAPTER  CCCLVI. 

1 .  It  is  forbidden  to  buy  anything  from  a  thief,  because 
that  is  an  encouragement  for  him  to  steal  again,  and  it  is 
forbidden  to  assist  a  thief  in  any  way,  for  an  accomplice  is 
as  liable  as  the  thief. 

2.  If  the  stolen  article  is  sold  and  the  owner  of  the 
article  finds  it  in  possession  of  the  buyer;  even  if  the  thief  is 
notorious  the  buyer  must  be  paid  for  the  return  of  the 
article,  to  give  men  confidence  in  business  purchases,  how- 
ever, if  he  knew  that  the  article  was  stolen,  the  article  can 
be  taken  away  and  the  buyer  cannot  even  collect  it  from 
the  thief. 

3.  However,  if  the  buyer  declares  and  proves  that  he 
_  bought  it  to  save  the  article  for  the  owner  he  is  entitled  to 

the  return  of  his  money. 

4.  If  the  owner  had  despaired  of  ever  recovering  his 
article,  the  buyer  must  return  its  value  in  money  if  he  had 
bought  it  from  a  notorious  thief.  If  the  thief  is  not  notorious 
the  buyer  is  rot  liable  to  return  either  the  article  or  the 
money. 

5.  If  the  thief  had  given  away  the  article  in  payment  of 
a  debt,  the  owner  can  get  it  back  without  paying  its  posses- 
sor anything. 

6.  If  the  article  is  pawned,  the  pawnbroker  is  entitled 


LAW  OF  ROBBERY  1 6/ 

to  the  money  he  had  loaned,  except  if  the  thief  was  noto- 
rious. 

7.  If  the  thief  uses  the  article  to  pay  a  debt  and  gets  from 
his  creditor  an  additional  sum  to  it,  the  creditor  is  not  en- 
titled to  the  return  of  that  additional  sum,  for  if  he  had 
trusted  the  thief  with  the  amount  of  the  first  debt  he  niust 
trust  him  with  the  additional  sum  also. 

8.  If  the  buyer  sells  the  article  to  another  for  $150  at 
a  profit  of  $50,  the  owner  must  pay  the  last  buyer 
his  purchase  price,  $150,  but  he  can  collect  that  difference 
$50   from   the  first  buyer,    and   the   $100   from   the   theif. 

CHAPTER  CCCLVIII. 

1 .  It  !s  forbidden  to  buy  an  article  secretly  from  a  watch- 
man. 

2.  It  is  forbidden  to  buy  from  a  tailor  articles  which  one 
may  reasonably  suspect  are  not  his  own,  such  as  large  pieces 
of  cloth,  or  suits. 

CHAPTER  CCCLIX. 
Stealing  is  done  in  secret ;  robbery  is  done  in  the  open. 

1 .  It  is  forbidden  to  rob  even  a  trifle. 

2.  Borrowing  an  article  without  the  owners  permission 
is  equivalent  to  robbery. 

3.  Taking  a  pledge  for  a  debt  without  the  owners  per- 
mission is  equivalent  to  robbery. 

4.  To  compel  a  person  to  sell  an  article  against  his  will 
is  equivalent  to  robbery. 


l68  JE\\'ISri     CODE     OF    JURISPRUDENCE 

CHAPTER  CCCLX. 

1 .  It  is  the  duty  of  the  robber  to  return  the  robbed  article 
to  the  owner. 

2.  If  he  robs  a  beam  and  uses  it  in  building  a  house,  he 
is  not  liable  to  return  that  very  beam,  but  he  can  pay  for  it. 

3.  If  he  robs  land  and  builds  upon  it,  the  robber  is  liable 
to  tear  down  the  building  and  return  the  land. 

4.  It  is  forbidden  to  rob  even  less  than  a  cent.  However, 
the  law  of  return  holds  good  only  when  the  article  is  worth 
a  cent,  or  over,  at  the  time  of  the  robbery. 

5.  If  the  robbed  article  was  changed  into  a  different 
thing;  as,  for  example,  he  had  robbed  wood  and  made  a 
chair  out  of  it;  if  it  cannot  be  returned  to  its  original  form 
the  robber  is  liable  to  pay  only  the  amount  it  was  worth 
when  robbed. 

6.  If,  however,  the  article  can  be  returned  to  its  original 
form,  he  must  return  it  to  the  owner. 

7.  If  the  robber  cuts  up  the  beam  lengthwise,  or  had 
cut  up  the  beam  into  smaller  sectio.is  he  must  return  the 
sections. 

8.  If,  however,  he  had  cut  it  up  into  boards  he  is  liable 
to  return  only  its  value  in  money. 

9.  If  he  chops  down  and  robs  a  tree  he  must  return  the 
tree.  But  if  he  makes  beams  out  of  it  he  is  liable  to  return 
only  its  value  in  money. 


LAW   OF  TORTS  1 69 

CHAPTER  CCCLXI. 

1 .  If  a  second  robber  robs  the  article  from  the  first  the 
owner  can  collect  from  either,  even  if  the  second  robber 
didn't  know  that  the  article  had  been  robbed  before. 

.  2.  If  the  second  robber  had  consumed  the  article  before 
the  owner  had  despaired  of  it,  he  is  liable  to  pay  for  it.  If, 
however,  he  had  consumed  it  after  the  owner  had  despaired 
of  it  he  IS  not  liable  to  return  it. 

3.  If  the  robber  dies  and  wills  it  to  his  heirs,  the  heirs 
must  return  it  even  if  the  owner  had  already  despaired. 
However,  if  the  article  had  changed  form,  they  are  liable 
to  repay  only  its  value  in  money. 

4.  If  the  heirs  consumed  the  article,  whether  when  the 
robber  lived  or  after  his  death.  If  they  consumed  it  before 
the  owner  despaired  they  are  liable  to  pay.  If  after  despair 
they  are  not  liable. 

5.  If,  however,  the  robber  had  left  behind  property  from 
which  collection  could  be  made,  the  heirs  must  pay,  even 
if  the  robbed  article  had  been  sold. 

6.  There  is  no  difference  whether  the  heirs  are  minors 
or  majors.  If  the  majors  claim  that  the  robber  had  already 
returned  the  article  and  there  are  no  witnesses  of  the  robbery, 
the  heirs  are  trusted.  If,  however,  there  are  witnesses  of 
the  robbery  the  heirs  are  not  trusted. 

CHAPTER  CCCLXXVIII. 

1.  It  is  forbidden  to  do  damage  to  another's  goods.  If 
damage  is  done,  whether  voluntarily  or  accidentally  the 
causer  of  the  damage  must  pay. 


170  JEWISH     CODE    OF    JURISPRUDENCE 

2.  If  an  auto  runs  into  another  auto  in  front  and  damages 
it,  the  rear  auto  is  Hable  to  pay  the  damages. 

3.  If  one  man  carries  a  beam  and  another  a  barrel,  and 
while  they  are  walking  toward  each  other  the  man  with  the 
beam  damages  the  barrel  neither  is  liable. 

4.  If  the  man  with  the  beam  walks  in  front  and  the  man 
with  the  barrel  walks  behind  him  and  runs  into  him  damag- 
ing the  barrel,  the  man  with  the  beam  is  not  liable.  If, 
however,  he  halted  with  the  beam  and  didn't  notify  the 
man  behind  him  he  is  liable,  if  he  did  notify  him  he  is  not 
liable. 

5.  If  the  man  with  the  barrel  walks  in  front  and  the  man 
with  the  beam  walks  behind  him  and  damages  the  barrel 
he  is  liable.  If  the  man  with  the  barrel  halted  and  didn't 
notify  him,  the  man  with  the  beam  is  not  liable.  If  he  did 
notify  him,  the  latter  is  liable. 

6.  If  B  piles  up  articles  in  C's  yard  with  the  latter's  per- 
mission, but  C  didn't  undertake  to  guard  it,  and  then  C 
accidentally  breaks  the  articles  he  is  not  liable.  If,  how- 
ever, C  purposely  damages  the  articles  he  is  liable  to  pay 
even  if  B  piled  up  the  articles  in  his  yard  against  his  per- 
mission. 

CHAPTER  CCCLXXX. 

1 .  If  a  man  while  running  from  a  murdering  pursuer 
breaks  an  article  of  the  pursuer's,  he  is  not  liable.  If,  how- 
ever, the  article  belongs  to  a  third  party  he  is  liable  to  pay 
for  it. 

2.  If  a  boat  is  overloaded  and,  as  a  result,  it  is  in  danger 
of  sinking  and  a  man  throws  some  of  the  load  overboard 


LAW  OF  HONORING  THE  PARENTS  I7I 

he  is  not  liable,  but  he  had  even  done  a  virtous  deed,  be- 
cause the  overload  is  equivalent  to  a  pursuer, 

3.  If  a  man  transports  an  ass  in  a  boat  and  the  ass  causes 
damage  which  endangers  the  boat  and  another  man  throw^s 
the  ass  overboard  to  save  the  boat  the  law  is  as  follows: 
If  it  was  a  freight  boat  over  which  it  was  customary  to  trans- 
port live  stock  the  owner  is  entitled  to  get  paid  for  his  ass. 
If,  however,  it  was  not  customary  to  transport  live  stock,  he 
is  not  entitled  to  any  money. 

CHAPTER  CCCLXXXIII 

1 .  If  C's  ox  enters  B's  yard  and  attacks  B's  ox  and  B 
tries  to  take  his  ox  out  from  underneath  and  thereby  kills 
C's  ox,  B  is  not  liable.  If,  however,  B  could  have  saved 
his  own  ox  without  killing  C's  ox.     B  is  liable. 

2.  If  B  takes  an  article  from  C,  without  his  permission, 
to  use  as  a  support  for  a  barrel  of  wine  and  C  comes  and 
takes  away  his  article  thereby  breaking  the  barrel  and  spill- 
ing the  wine,  C  is  liable  to  pay  because  he  didn't  replace 
it  with  a  different  support. 

3.  If  two  or  more  people  break  one  article  they  are  both 
liable. 

4.  If  five  people  load  up  a  horse  and  then  a  sixth  brings 
a  load  and  the  horse  falls  dead;  if  the  horse  was  able  to 
pull  the  five  but  halted  at  the  sixth,  the  sixth  is  liable  to  pay 
because  it  is  evident  that  his  load  killed  the  horse.  If,  how- 
ever, the  horse  was  unable  to  pull  the  loads  even  before  the 
sixth  brought  his  load,  the  last  named  is  not  liable. 


172  JEWISH     CODE    OF    JURISPRUDENCE 

CHAPTER  CCCLXXXIV. 

1 .  If  a  man  spits  or  throws  banana  peels  or  other  garbage 
through  a  window  upon  the  ground  and  a  passer-by  falls 
and  damages  his  clothes,  the  thrower  is  liable  to  pay. 

2.  If  a  spark  from  a  blacksmith's  anvil  sets  fire  to  some 
property,  the  blacksmith  is  liable. 

3.  If  a  wrecker  undertakes  to  tear  down  a  property 
without  damaging  the  material  and  the  material  is  damaged 
the  wrecker  is  responsible. 

4.  In  constructing  a  building,  when  material  is  bemg  re- 
layed from  one  laborer  to  the  other  the  last  holder  is  re- 
sponsible both  for  the  material  and  any  damage  it  might 
cause. 

5.  If  a  building  breaks  down  and  causes  damage.  If 
the  workingmen  were  job  workers  they  are  all  liable.  If 
they  were  day  laborers,  the  bricklayer  is  responsible. 

CHAPTER  CCCLXXXVI. 

1 .  If  a  flying  article  could  have  been  saved  by  padding 
lying  below  and  some  one  removes  the  padding  causing  the 
breaking  of  the  article  he  is  liable  for  it. 

2.  If  R  throws  B's  pitcher  from  a  top  floor,  and,  while 
the  article  is  flying  through  the  air,  C  strikes  it  with  a  club 
and  breaks  it,  he  is  not  liable,  because  it  would  have  been 
broken  anyway,  but  the  thrower  R,  is  responsible. 

CHAPTER  CCCLXXXVII. 

1 .  If  a  man  damages  an  article  he  is  not  liable  to  pay 
the  entire  value  of  the  article,  and  keeps  it,  but  only  the 
amount  of  the  damage,  and  the  damaged  article  belongs 
to  the  owner. 


LAW  OF  HONORING  THE  PARENTS  I73 

The  Fifth  Commandment — Honor  thy  father  and 
mother:  That  thy  days  may  be  long  upon  the  land  which 
the  Lord  thy  God  giveth  thee.  And  also  be  afraid  of  thy 
mother  and  father. 


CHAPTER  CCXL. 

1 .  We  must  be  careful  and  afraid  of  the  honor  of  our 
mother  and  father. 

2.  It  is  forbidden  to  sit  on  your  father's  seat  either  in 
the  house  or  in  the  synagogue. 

3.  It  is  forbidden  to  argue  with  parents,  and  it  is 
not  allowed  to  call  your  father  by  the  first  name  either 
when  living  or  dead.  Always  address  them  as  my  dear 
"mother"  and  "father." 

4.  The  greatest  respect  must  be  shown  to  your  parents, 
even  if  they  insult  you  before  the  largest  assembly,  you 
must  not  slander  them. 

5.  It  is  the  duty  of  the  children  to  supply  from  parents 
pocket  when  they  are  able  with  clothes,  food  and  drink  and 
direct  them  with  a  smiling  and  happy  face.  You  must  serve 
your  parents  like  a  servant  serves  his  lord. 

6.  If  parents  have  children  which  are  some  rich  and 
some  poor,  the  expense  falls  on  the  rich  children,  but  the 
trouble  falls  on  all  the  children.  If  the  children  are  all 
poor  it  is  not  the  duty  to  beg  and  supply  their  parents. 

7.  It  is  the  duty  of  the  children  to  rise  if  you  see  your 
parents. 


174  JEWISH     CODE    OF.  JURISPRUDENCE 

8.  If  the  son  Is  the  teacher  of  the  father,  each  one 
must  rise  for  the  other. 

9.  If  the  children  see  the  parents  destroy  any  property, 
the  children  must  keep  quiet  and  not  slander  them. 

1  0.  Respect  must  be  shown  parents  even  after  death. 

11.  It  is  the  duty  of  the  children  to  take  care  of  the 
parents  who  are  idiots  or  imbeciles  and  if  you  are  not 
able  to  do  so,  it  is  the  children's  duty  to  hire  a  nurse  to  care 
for  them. 

12.  If  the  parents  ask  to  be  served  and  you  have  another 
command  at  the  same  time,  if  the  other  command  can  be 
done  by  another,  you  must  do  your  parents  wishes. 

13.  If  the  father  and  mother  ask  for  a  drink  at  the 
same  time,  give  your  father  first.  However,  if  they  are 
separated,  he  can  give  the  drink  first  to  whoever  he  wants. 

14.  If  the  parents  say  to  the  children  anything  against 
religion,  it  is  the  children's  duty  not  to  heed  them. 

1  5.  It  is  the  duty  of  a  son  and  a  daughter  to  honor  and 
to  fear  the  parents,  but  if  a  daughter  marries  she 'is  not 
supposed  to  take  so  much  care  because  she  is  in  the  posses- 
sion of  her  husband,  but  if  she  is  divorced  she  must  take 
the  same  care  as  the  son. 

1 6.  It  is  the  duty  of  the  father  not  to  blame  the  children 
and  to  pardon  them  for  neglecting  to  show  him  honor. 

1  7.  A  father  is  forbidden  to  smite  his  grown-up  children 
after  the  children  are  over  22  years. 

18.  It  is  the  duty  of  a  son  to  honor  either  a  stepfather 
and  stepmother. 


LAW  OF  HONORING  THE  TEACHER  1/5 

19.  It  is  the  duty  of  the  younger  children  to  honor  the 
older  children  even  if  they  are  stepbrothers  or  stepsisters. 

20.  It  is  thy  duty  to  honor  thy  father-in-law  and  thy 
mother-in-law.   - 

21.  If  the  father  wants  to  serve  the  children,  they  are 
allowed  to  be  served. 

22.  If  the  son  wants  to  study  in  a  different  city  and 
the  father  does  not  allow  him,  the  son  is  privileged  to  go 
away. 

23.  If  the  parents  are  against  their  son's  or  daughter's 
marriage  of  a  certain  party,  the  right  is  with  the  children, 
providing  the  marriage  is  not  against  religion. 

Holy  Scripture  says:  He  that  smiteth  his  father,  or 
his  mother,  shall  surely  be  put  to  death.  (Exodus,  xxi.) 
He  that  curseth  his  father,  or  his  mother,  shall  surely  be 
put  to  death.      (Exodus,  xxi.) 

CHAPTER  CCXLI. 

1 .  It  is  forbidden  to  a  son  or  a  daughter  to  curse  parents 
even  after  they  die. 

2.  A  son  is  forbidden  to  make  an  operation  on  his 
parents  except  when  there  is  no  other  doctor. 

3.  It  is  forbidden  to  slander  parents  even  with  words. 

CHAPTER  CCXLII. 

1.  It  is  the  duty  of  a  man  to  honor  and  to  fear  his 
teacher.  Honor  to  the  teacher  comes  before  honor  to 
the  parents. 


176  JEWISH     CODE    OF    JURISPRUDENCE 

2.  He  who  strives  with  his  teacher  is  Hke  striving  with 
the  Lord. 

3.  It  is  forbidden  to  a  scholar  to  answer  a  matter  of 
law  in  the  presence  of  his  teacher,  and  if  he  does  so  he 
is  liable  to  punishment. 

4.  It  is  forbidden  to  call  a  teacher  with  his  name  even 
after  his  death.     He  must  say  "My  dear  teacher." 

5.  It  is  forbidden  to  sit  on  a  teacher's  seat. 

6.  If  a  teacher  dies  he  must  tear  his  overcoat,  just  like 
he  tears  his  overcoat  at  the  death  of  his  father. 

7.  If  the  father  and  the  teacher  lose  anything,  it  is  the 
duty  of  the  son  to  look  for  the  teacher's  loss  first. 

8.  If  the  father  and  the  teacher  carry  a  heavy  load,  the 
son  must  first  help  the  teacher  and  after  the  father. 

9.  It  the  teacher  and  the  father  are  in  trouble,  the  son 
must  first  help  the  teacher. 

10.  If  he  and  the  teacher  lose  something  he  must  first 
look  for  his  own  loss. 

CHAPTER  CCXLIII. 

1 .  The  judges  thou  shall  not  revile ;  and  a  ruler  among 
thy  people  thou  shalt  not  curse.  (Exodus,  xxiii.)  It  is 
the  duty  to  honor  and  to  fear  the  ruler  and  the  judges 
and  all  the  learned  men. 

2.  It  is  the  duty  of  the  judges  and  the  learned  men  not 
to  slander  each  other,  not  to  eat,  not  to  do  hard  labor  in 
the  presence  of  the  people. 


LAW  OF  STUDYING  THE  TORAH  177 

3.  Clergymen  are  free  from  all  kinds  of  taxation. 

4.  It  is  the  duty  of  the  people  to  see  that  the  learned 
men  have  enough  of  an  income  to  support  a  family. 

5.  It  is  a  big  sin  to  slander  and  to  hate  learned  men. 
He  who  does  so  has  no  part  in  the  coming  world. 

6.  It  is  forbidden  to  servant  with  a  learned  man. 

7.  The  court  has  a  right  to  punish  the  man  who  slanders 
a  learned  man. 

8.  The  learned  man  has  a  right  to  pardon  the  slanderer. 
Before  the  hoary  head  shalt  thou  rise  up,  and  honor  the 
face  of  the  old  man ;  and  thou  shalt  be  afraid  of  thy  God : 
I  am  the  Lord.     (Leviticus,  xx.) 

9.  It  is  a  command  to  rise  before  a  learned  man  even  if  he 
is  not  an  old  man,  and  to  rise  before  an  old  man  even  if  he 
is  not  learned,  providing  he  is  in  four  yards.  It  is  for- 
bidden to  close  the  eyes  and  make  believe  you  don't  see  him. 

1 0.  A  laborer  when  he  is  on  his  duty  is  not  permitted  to 
rise  in  the  presence  of  a  learned  man. 

11.  It  is  the  duty  of  the  learned  man  not  to  trouble  the 
people  to"  rise  for  him  if  he  can  go  in  a  different  way. 

CHAPTER  CCXLIV. 

1 .  It  is  the  duty  of  a  man  to  teach  his  son  and  the 
grandson  knowledge  of  the  Torah.  If  the  father  did  not 
leach  him,  the  son,  or  the  grandson,  when  he  becomes  of 
age,  must  try  himself  to  be  learned. 

2.  If  the  father  and  the  son  both  want  to  learn  and  the 
father  is  unable  to  pay   for  both,   the  father  comes  first ; 


178  JEWISH     CODE    OF    JURISPRUDENCE 

however,  if  the  son  is  clever  in  learning,  the  son  comes  first. 

3.  The  members  of  each  city  can  compel  each  other  to 
have  a  school  for  the  children. 

4.  A  teacher  is  supposed  to  have  no  more  than  25  chil- 
dren, if  there  are  more  there  must  be  two  teachers. 

5.  The  teacher  is  not  allowed  to  smite  his  scholars  with 
a  rod  or  with  a  stick,  only  with  a  little  strap. 

6.  The  appointed  teacher  must  be  able  to  teach  well  and 
should  be  honorable  and  afraid  of  the  Lord  and  practice 
what  he  preaches. 

7.  It  is  forbidden  to  the  teacher  to  be  up  at  night  or  to 
fast  in  the  time  of  teaching  or  to  overindulge  in  eating 
because  these  things  bring  neglect  in  the  teaching  of  the 
children. 

CHAPTER  CCXLVI. 

1 .  It  is  a  command  for  everybody,  either  rich,  or  poor, 
or  healthy,  or  sick,  young,  or  old,  even  a  beggar  who  has  a 
wife  and  children  to  give  some  time  in  the  day  for  learning 
the  Torah.  If  he  cannot  teach  himself  because  he  has  no 
time,  he  must  support  the  poor  students. 

2.  A  man  can  make  a  verbal  agreement  with  a  poor  stu- 
dent to  support  him  and  to  have  a  part  in,  what  he  will 
learn  and  not  in  what  he  did  learn. 

3.  The  scholar  should  not  be  ashamed  to  ask  the  teacher 
even  one  hundred  times,  until  he  finds  out  the  truth  of  his 
studies.  The  wise  ask  everything  they  do  not  understand, 
the  fools  are  ashamed  to  ask. 


LAW   OF   GIVING   CHARITY  179 

4.  A  man  should  study  before  he  gets  married,  because 
after  marriage  family  burdens  would  prevent  him  from 
studying. 

5.  If  a  man  has  a  choice  between  the  study  of  the  Torah 
and  obeying  one  of  the  commandments,  he  should  rather 
study,  provided  there  is  some  one  else  to  carry  out  the  com- 
mandment. 

6.  If  a  man  destroys  the  Torah  while  rich  he  will  also 
destroy  it  while  poor,  because  poor  he  must  become  as  pun- 
ishment. 

7.  It  is  forbidden  to  study  in  an  unclean  place,  as  for 
example,  in  a  bath  house,  lavatory,  etc. 

8.  It  is  commanded  to  make  a  celebration  after  finishing 
a  portion  of  the  Torah. 


CHAPTER  CCXLVII. 

1 .  If  there  be  among  thee  a  needy  man,  any  one  of  thy 
brethren  within  any  of  thy  gates  in  thy  land  which  the  Lord, 
thy  God,  giveth  thee;  thou  shalt  not  harden  thy  heart,  nor 
shut  thy  hand  from  thy  needy  brother. 

2.  But  thou  shalt  open  wide  thy  hand  unto  him,  and 
thou  shalt  surely  lend  him  sufficient  for  his  need,  which  his 
want  requireth. 

3.  Thou  shalt  surely  give  him,  and  thy  heart  shall  not 
be  grieved  when  thou  givest  unto  him;  for  because  of  this 
thing  the  Lord,  thy  God,  will  bless  thee  in  all  thy  work 
and  in  all  the  acquisition  of  thy  hand.     (Deuteronomy,  xv.) 


l8o  JEWISH     CODE    OF    JURISPRUDENCI5 

CHAPTER  CCXLIX. 

1 .  It  is  a  great  command  to  give  charity  according  to  a 
man's  allowance,  even  if  he  himself  takes  charity  he  must 
give  charity  to  another  poor  man. 

2.  There  are  eight  steps  in  the  command  of  charity. 

a.  When  a  man  is  in  financial  straits,  it  is  a  command 
to  help  him  with  a  loan,  with  a  present,  or  to  find  him 
labor,  so  he  will  be  saved  from  beggary. 

b.  When  a  man  gives  charity  and  he  doesn't  know 
to  whom  he  is  giving  it;  for  instance,  when  he  gives  to 
a  charity  organization. 

c.  When  a  man  gives  charity  and  he  knows  to  whom 
he  is  giving  it  but  the  poor  man  doesn't  know  from 
whom  he  gets  its.  ■  For  instance,  like  the  learned  man 
who  would  put  money  in  the  houses  of  the  poor  on  the 
sly,  so  that  the  poor  wouldn't  feel  ashamed  of  them- 
selves. This  step  is  very  good  in  case  he  knows  the 
leaders  of  the  charity  are  not  so  correct. 

d.  The  poor  man  knows  of  whom  he  is  taking  but 
the  giver  doesn't  know  to  whom  he  is  giving.  For  in- 
stance, a  learned  man  put  money  in  his  back  pocket  and 
went  among  the  poor  and  the  poor  would  take  the 
money  from  him,  so  that  the  poor  man  shouldn't  feel 
ashamed  of  himself. 

e.  To  give  to  a  poor  man  before  he  demands  it. 

f.  If  the  poor  man  demands  it,  give  it. 

g.  To  give  the  poor  man  less  than  his  demand,  but 
without  a  grudge. 

h.  To  give  the  poor  man,  but  with  a  sad  face. 


LAW   OF   GIVING   CHARITY  l8l 

3.  It  is  forbidden  to  praise  oneself  when  giving  charity. 
If  he  does  so,  he  will  not  have  good  treatment  from  the  Lord 
but  will  have  a  great  punishment  for  it. 

4.  It  is  permitted  when  a  man  gives  an  article  a  present  in 
the  synagogue  to  put  his  name  on  it. 

5.  It  is  a  great  command  to  make  another  man  give 
charity. 

6.  If  a  man  turns  his  back  on  a  poor  man  and  refuses  to 
give  him,  he  is  called  a  bad  man  and  sometimes  he  can 
bring  the  poor  man  to  his  death.  Like  the  following  case: 
Nathan  Gamzu  was  walking  on  a  road  with  three  asses 
heavily  loaded,  one  was  loaded  with  food,  another  with 
drink,  another  with  spices.  A  poor  man  met  him  and  he 
said,  "Support  me."  Nathan  Gamzu  said,  "Wait  until 
I  unload  my  asses."  Before  he  had  time  to  unload  them 
the  poor  man  died.  Nathan  Gamzu  fell  upon  the  body 
and  said,  "My  eyes  that  did  not  feel  the  pity  in  your  eyes 
should  become  blind  and  my  hands  that  didn't  feel  the  pity 
of  your  hands  should  be  taken  off,  and  my  feet  that  didn't 
feel  the  pity  of  your  feet  should  become  crooked  and  my 
whole  body  should  become  blistered."  And  all  this  pun- 
ishment happened  to  him  because  he  refused  the  poor  man. 
He  was  satisfied  with  the  punishment  in  this  world  so  that 
he  shouldn't  get  it  in  the  other  world.     (Tanis,  xxi.) 

6a.  A  learned  man  divorced  his  wife.  His  wife  mar- 
ried again  but  her  husband  became  blind  and  later  became 
very  poor.  Her  first  husband  rented  rooms  for  them  and 
supported  them. 

7.  A  man  never  gets  poor  by  giving  charity,  the  more 
he  gives  the  richer  he  gets,  because  if  he  feels  pity  for  the 


I02  JEWISH     CODE    OF    JURISPRUDENCE 

poor  the  Lord  has  pity   for  him,  to  give  him  health  and 
riches, 

8.  If  a  man  gives  charity,  the  Lord  gives  him  a  long  life. 

9.  The  court  can  compel  a  man  to  give  charity  for  the 
amount  he  was  taxed,  even  to  take  a  pledge. 

10.  It  is  forbidden  to  put  a  tax  of  charity  on  orphans, 
with  the  exception  if  it  is  for  the  orphan's  good  reputation. 

1  1 .  It  is  forbidden  to  take  a  large  amount  of  charity 
from  a  married  woman,  or  from  a  minor  who  has  a  father 
without  the  permission  of  the  husband  or  father,  a  woman 
in  business  even  if  she  is  married,  it  is  allowed  the  leaders  to 
receive  a  large  amount  of  charity, 

12.  The  leaders  are  forbidden  to  compel  a  man  who 
has  a  good  character  and  who  cannot  afford  to  give  charity. 

13.  If  you  refuse  a  poor  man  because  you  cannot  afford 
to  give  charity  do  not  slander  him.  Give  him  as  much  as 
you  can. 

14.  It  is  allowed  to  the  leaders  of  charity  to  use  the 
charity  money  to  marry  the  poor  girls. 

CHAPTER  CCL. 

1 .  The  leaders  of  the  charity  must  give  the  poor  man 
enough  for  his  wants.  Even  if  the  rich  man  becomes  poor 
and  he  was  used  to  good  food  before',  the  charity  must 
supply  him  with  all  he  was  used  to  before.  If  he  is  single 
and  he  wants  to  get  married  and  he  hasn't  enough  money 
the  charity  must  help  him. 

2.  The  support  of  the  poor  men  of  a  city  falls  upon  the 
inhabitants,  each  must  contribute  according  to  his  allowance. 


LAW   OF  CHARITY  183 

3.  A  man  must  support  himself  first,  afterwards  he  must 
look  after  the  support  of  his  parents,  then  the  support  of 
the  grown-up  sons,  then  the  brothers,  then  the  relatives,  then 
the  neighbors,  then  the  inhabitants,  the  poor  of  your  own 
city  come  before  the  support  of  the  poor  of  a  different  city. 
The  poor  of  Palestine  come  before  the  poor  outside  of 
Palestine. 

4.  When  a  man  gives  money  to  charity  leaders  he  or  the 
heirs  cannot  tell  them  how  to  divide  it. 

5.  If  a  man  and  a  woman  both  ask  for  charity  either 
for  food  or  for  clothing  and  if  there  is  not  enough  money 
for  both,  the  woman  gets  the  charity  first. 

6.  If  a  boy  and  girl  orphans  come  to  ask  for  a  help  for 
marriage  and  there  is  not  enough  money  for  both,  the  orphan 
girl  comes  first. 

7.  It  is  not  allowed  for  the  charity  organization  to  sup- 
port the  Rabbi  of  a  city  with  charity  money,  he  must  get 
a  separate  income.  Individuals  are  allowed  to  send  him 
money. 

CHAPTER  CCLII. 

1 .  The  command  to  release  a  man  from  captivity  comes 
before  the  command  to  support;  and  even  if  the  money  lies 
ready  for  building  a  synagogue  or  for  charity  it  must  be 
used  to  release  the  man  from  trouble. 

2.  He  who  ignores  the  command  to  release  a  man  from 
captivity  is  liable  to  punishment  by  God  and  by  his  fellow- 
man  and  each  second  that  he  delays  in  carrying  out  the  re- 
lease is  equal  to  the  shedding  of  blood. 

3.  It  is  forbidden  to  assist  a  prisoner  to  escape  because 


184  JEWISH     CODE    OF    JURISPRUDENCE 

the  laws  of  the  government  are  Hke  the  law  of  the  Lord,  and 
must  not  be  violated. 

4.  It  is  commanded  to  assist  and  to  release  a  woman  be- 
fore a  man. 

5.  If  each  declares  that  he  or  she  would  commit  suicide 
unless  released  it  is  the  duty  to  release  the  man  first. 

6.  If  a  prisoner  has  the  means  to  release  himself  but  re- 
fuses he  can  be  released  against  his  will  and  he  is  Hable  to 
pay  the  expenses. 

7.  It  is  the  duty  of  the  father  to  release  the  son  or  any 
other  relatives  if  the  latter  have  no  means  to  release  them- 
selves. 

8.  If  a  wealthy  man  is  in  a  place  where  he  has  no  money 
with  him  at  the  time  he  is  entitled  to  get  it  from  charity. 

9.  If  a  rich  man  is  a  miser,  do  not  pay  any  attention  to 
him. 

10.  It  is  forbidden  to  collect  debts  from  the  money  that 
was  given  for  charity. 

I  1 .  A  poor  man  is  forbidden  to  rely  on  charity,  he  must 
look  for  labor  from  the  sweat  of  his  brow,  if  he  does  so  he 
will  be  rich  and  he  will  be  able  to  give  charity  for  others. 

12.  It  is  forbidden  to  a  man  to  feign  blindness  or  lame- 
ness or  deafness  and  with  that  to  beg,  and  if  he  does  so  he 
will  become  blind. 

13.  If  a  man  was  m  another  city  for  business  and  that 
city  taxed  him  for  charity  he  can  pay  the  charity  to  his  city. 


LAW  OF   MURDER  185 

THE  LAW  FOR  MURDER. 

The  Holy  Script  says  the  following : 

He  that  smiteth  a  man,  so  that  he  die,  shall  surely  be 
put  to  death. 

But  if  a  man  come  presumptuously  upon  his  neighbor, 
to  slay  him  with  guile,  from  my  altar  shalt  thou  take  him, 
that  he  may  die.      (Exodus,  xxi.) 

Whoever  it  be  that  killeth  a  person,  according  to  the 
testimony  of  witnesses  shall  the  murderer  be  put  to  death; 
but  one  witness  shall  not  testify  against  any  person  to  cause 
him  to  die. 

Moreover  ye  shall  take  no  redemption  money  for  the 
person  of  a  murderer,  who  is  guilty  of  death;  but  he  shall 
surely  be  put  to  death.     (Numbers,  xxxvi.) 

1 .  When  a  man  murders  another,  whether  he  be  young 
or  old,  woman  or  child  (even  one  day  old),  or  when  the 
mother  being  pregnant  nine  months,  and  the  child  born,  or 
a  person  sick  and  near  death  and  physicians  giving  up  all 
hope  of  his  recovery,  the  person  guilty  of  such  a  crime  is 
punished  by  death  with  sword. 

2.  He  who  slays  can  be  punished  only  when  he  is  over 
thirteen  years  of  age,  even  thirteen  years  and  one  day. 

3.  If  a  man  murders  another,  the  judges  cannot  accept 
any  redemption  money  even  if  the  relatives  desire  to  pardon 
him;  because  the  body  belongs  to  the  Lord,  and  the  Lord 
says,  He  who  murders  his  neighbor,  must  die  himself. 

4.  The  law  for  murder  must  come  before  twenty-three 
judges. 


l86  JEWISH     CODE    OF    JURISPRUDENCE 

5.  If  twelve  judges  say  not  guilty  and  eleven  say  guilty, 
he  is  not  guilty.  If  twelve  say  guilty  and  eleven  say 
not  guilty,  or  if  eleven  proclaim  him  guilty  and  eleven  not 
guilty,  and  one  says  he  does  not  know,  then  the  law  is  to 
add  two  more  judges. 

6.  If  these  two  go  on  the  side  of  guilty,  then  the  criminal 
is  guilty,  and  if  one  goes  on  one  side  and  the  other  on  the 
other  side,  then  two  more  must  be  added.  This  can  go  on 
until  it  reaches  seventy-one  judges. 

7.  If  thirty-six  judges  say  not  guilty  and  thirty-five  say 
guilty,  he  is  not  guilty.  If  thirty-five  say  not  guilty  thirty-five 
say  guilty  and  one  say  not  know  not  guilty. 

8.  If  thirty-five  judges  say  not  guilty  and  thirty-six  say 
guilty,  then  the  judges  should  dispute  until  one  should  go  on 
the  other  side.  Because  a  majority  of  two  are  needed  to  de- 
clare a  man  guilty. 

9.  When  still  the  judges  could  form  no  conclusion,  the 
chief  of  the  judges  has  the  authority  to  release  the  accused 
person. 

10.  If  thirty- four  say  the  criminal  is  not  guilty,  and  thirty- 
six  say  he  is  guilty,  and  one  of  the  judges  says  he  does  not 
know,  then  the  criminal  is  guilty. 

1  1 .  When  all  the  judges  proclaim  him  guilty,  then  the 
accused  person  is  not  guilty,  because  it  shows  that  there  is 
some  conspiracy  connected  with  the  case,  since  there  is 
not  one  on  his  side. 

1  2.  When  the  decision  has  rendered  the  criminal  guilty, 
the  convict  must  be  present  at  that  time.  If  he  is  not,  the 
decision  is  void. 


LAW  OF   MURDER  iS/ 

13.  The  witnesses  must  notify  the  murderer  of  his  coming 
execution,  and  the  reason  for  the  execution. 

14.  The  witnesses  or  the  pubHc  are  not  permitted  to 
lynch  or  kill  the  said  convicted  criminal,  but  must  wait  until 
he  is  brought  before  a  court. 

1 5.  The  public  is  sometimes  permitted  to  lynch  a  crimmal. 
at  the  time  when  they  see  him  follow  up  a  person  with  the 
intent  of  murder,  and  so  as  to  protect  the  other,  a  person 
may  interfere,  but  must  not  kill  until  it  is  absolutely  neces- 
sary. 

1 6.  The  pursuer  must  also  be  informed  of  what  is  going 
to  be  done  to  him. 

1  7.  If,  however,  the  pursuer  was  killed,  and  it  is  found 
that  he  could  have  been  stopped  in  some  other  way,  then 
the  murderer  is  guilty. 

1 8.  This  law  also  includes  a  female  as  well  as  a  male. 

19.  If  a  mother  could  not  give  birth  to  a  child,  unless  the 
child  be  killed  within  her,  the  law  is  that  this  can  be  done, 
because  the  child  is  somewhat  like  the  pursuer. 

20.  If  a  person  sees  his  neighbor  drown,  it  is  his  duty  to 
summon  help,  if  he  does  not  he  has  broken  the  Command- 
ments. 

21.  If  a  man  hires  another  to  slay  his  comrade,  or  if  he 
binds  the  comrade  hand  and  foot  to  be  devoured  by  a  vicious 
animal,  the  ruler  has  the  authority  to  execute  the  murderer, 
so  that  a  thing  like  that  may  be  prevented  from  occurring 
again. 

22.  A  smote  a  man  until  he  became  unconscious  and  fa- 
tally wounded.     Then  B  came  along  and  struck  him  so  that 


l88  JEWISH     CODE    OF    JURISPRUDENCE 

he  died.  B  is  not  guilty  for  the  man's  death,  because  he 
killed  a  fatally  wounded  (trife)  person.  The  law  of  the 
government  shall  prevail. 

23.  If  the  fatally  wounded  man  kills  his  comrade,  he  is 
guilty  of  murder. 

24.  The  judges  must  commence  the  trial  favorably  for 
the  convicted,  considering  him  not  guilty  until  proven  guilty. 

25.  The  decision  for  not  guilty  could  be  rendered  the 
very  same  day,  whereas  for  guilty,  the  decision  should  be 
delayed  for  to-morrow. 

26.  Such  a  decision  must  not  be  made  on  Friday,  that  is 
before  the  Sabbath,  or  before  a  holiday,  because  there 
should  be  no  thought  of  murder  on  a  Sabbath. 

27.  We  cannot  condemn  a  person  for  murder,  unless  he 
has  direct  evidence,  the  suspicion  he  may  have  is  not  suffi- 
cient to  convict  him.  Circumstantial  evidence  is  not  suffi- 
cient to  convict. 

28.  The  witnesses  who  accuse  a  murderer  must  go 
through  fourteen  forms  of  questions,  as  for  instance,  how 
the  murderer  was  clad,  etc.  This  must  be  done  not  in  the 
presence  of  another.  One  witness  is  not  permitted  to  hear 
the  other's  testimony. 

29.  If  the  evidence  and  the  testimony  is  found  out  to  be 
true,  the  criminal  must  be  put  in  jail,  and  the  judges  assemble 
and  discuss  the  decision. 

30.  If,  however,  the  criminal  can  prove  his  innocence, 
he  is  permitted  to  do  so,  even  if  he  has  already  been  pre- 
pared for  execution,  he  can  be  turned  back. 

31.  If  he  cannot  prove  his  innocence  he  should  not  be 


LAW  OF  MURDER  189 

tortured,  before  slaying  him,  he  should  be  given  a  certain 
dose,  that  will  intoxicate  him  and  not  make  him  aware  of 
his  condition. 

32.  If  the  judges  know  that  he  is  a  murderer,  but  could 
not  get  sufficient  evidence,  or  if  he  has  not  been  mformed 
of  his  coming  execution  then  he  could  be  confined  in  a  small 
cell  and  could  be  given  such  treatment  and  food,  that  should 
cause  his  death,  to  avoid  further  danger  to  the  community. 

33.  If  a  woman  is  the  murderess,  and  if  she  is  in  the 
hour  of  giving  birth,  the  law  is  to  wait  until  she  has  already 
given  birth. 

34.  The  bodies  of  the  executed  murderers  should  be 
given  a  separate  burying  ground, 

35.  It  is  not  permitted  to  execute  two  criminals  on  the 
same  day,  except  when  they  are  both  connected  in  the  same 
case. 

36.  It  is  the  duty  of  the  judges  to  rather  act  favorably 
toward  the  accused.  Any  judge  that  has  condemned  mur- 
derers for  execution  more  that  once  within  seven  years, 
made  a  bad  reputation  for  himself. 

37.  If  the  murderer  ran  away  to  a  different  city,  there 
need  not  be  a  new  trial,  but  there  must  only  be  witnesses  to 
testify,  that  he  is  the  one  that  disappeared,  and  he  could 
be  executed. 

38.  If  it  is  not  possible  to  slay  a  criminal  with  a  sword  it 
is  permitted  to  end  his  life  in  any  other  way. 

39.  If  a  ruler  comes  to  a  city,  and  demands  a  certain 
man,  and  if  on  being  denied  the  privilege  of  taking  this  man. 


190 


JEWISH     CODE    OF    JURISPRUDENCE 


he  will  slay  all  the  people  in  the  city.  The  city  is  per- 
mitted to  offer  this  person,  so  that  he  may  save  the  lives  of 
the  entire  city,     (Psalm,  Ixxii.) 

40.   If  the  king  does  not  specify  the  person  then  the  city 
cannot  give  any  one  out. 


The  following  is  a  list  of  some  of  the  subscribers  of  the 
"Jewish  Code  of  Jurisprudence,"  who  have  requested  its 
publication : 

We  hereby  agree  to  subscribe  for  the  "Jewish  Code  of 
Jurisprudence"  to  be  delivered  when  completed: 

Aaronson,  V.  S.  D.  Felshin,  Uri,  Rev. 

Aronstein,  E.,  LatDyer  Finberg,  L. 

Appel,    S.,    Superintendent,     Friedman,  M.  B. 


Beth  David  Hospital 
Barkan,  Jacob 
Beeber,  D.  L. 
Beck,  Meyer 
Brody,  Louis,  Philadelphia, 

Pa. 
Blustein,  J.,  M.D. 
Breckman,  N. 
Burstz,  Nathan 
Barus,  Morris 
Brodsky,  Rev.  David 
Cohen,  Adolph,  Lawyer 
Cohen,  Sol,  Laivyer 
Clark,  Jacob 
Cohen,  Joseph  T. 
Cshaun,  Maurice,  Larvyer 
Chaikin,  Solomon,  Ph.C. 
Chorush,  Wm.  H.,  Lalpyer 
Drachman,  Bernard,  Rabbi 
Dewaltoff,  Berizen 
Essenson,  Dr.  T.  J. 
Edelman,  Louis 
Esterson,  Rabbi  I.  J. 
Epstein 


Fine,  Samuel 
Friedberg,  Rev.  S. 
Goetz,  Isidor,  Lawyer 
Goldstein,  J. 
Goldstein,   R. 
Gordon,  L. 
Golding,  Joseph 
Goodman,  A. 
Goldsberg,  T. 
Gross,  Louis  E. 
Grossman,  L.  S. 

Ginsberg,  Louis,  Professor 
Jewish  Theological  Sem- 
inary 

Goldberg,  Jewel 

Greenblatt,  Hyman 

Graditor,  Abraham 

Goldstein,  Jacob 

Hiffenson 

Hurewitz,  M. 

Heyman,  Abraham 

Hill,  Geo.  W. 

Hochstein,  Louis 

Hebrew  Publishing  Co. 


Hurwitz,  Solomon  T.  H. 
Jacobson,  Aaron  G. 
Kadushin,  H. 
Kruis,  Morris 
Kasdan,  Solomon 
Kutz,  Alexander 
Kosowsky,  Abram 
Leopold,  Dr.  Herman  R. 
Leibowitz,  Reuben,  Rev. 
Library  Jewish  Theological 

Seminary 
Lurie,  Philip 
Lohr,    Ernest  F.,   Supt.   St. 

Mark's  Hospital 
Levin,  Moses 
Lunitz,  Jacob 
Malkan,  Henry 
Margolis,  Rev.  Joseph  M. 
Mendelsohn,  W.  K. 
Mann,  Abraham,  Rabbi 
Nemko,  H. 
Oblo,  L 
Podgur,  Dr. 
Plotz,  Isaac,  M.D. 


Popkin,  Peyzer 
Rubm,  W. 
Rosenberg,  Louis 
Revel,  B.,  Pres.  of  Facult]; 
Rabbi     Isaac     Elchanan 
Rapoport,  Samuel,  Rabbi 
Rubin,  Salkind 
Rosenthal,  Dr.  M. 
Richard,  J. 
Schamman,  Adolph 
Snitman,  Judge 
Settel,  Nathan,  Dr. 
Silverman,  Morris,  Rev. 
Schlosberg,  Morris 
Schwartz,  Isaac 
Serling,  Morris 
Serling,  Jacob 
Sobin,  Banny 
Sterman,  Rabbi  Morris 
Taradash,  E. 
Titte,  Richard 
Weissman,  Moses 
Weber,  Walter  H. 
Zinsler,  Leopold,  Rev.  Dr. 


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'jilA    001187146    i 


